What to do if an employee refuses to sign an order?

Unfortunately, different things happen in an employer’s everyday life. Including the not entirely pleasant ones, when your company’s own employee, for some reason (simply sabotaging, or for real reasons) says that he is not going to sign your document. How to do the right thing in such a situation is a sensitive question, and probably worries many even before it actually happens.

In most cases of this nature, a person reports a refusal precisely when he is offered to look at the order for his own dismissal or the imposition of a fine in the form of deprivation of bonuses.

In what cases are orders drawn up?

Let's consider the main reasons for drawing up an order:

Dates and procedure for granting leave.
Termination of an employment contract with an employee.
Involving an employee in overtime work.
Transfer to another position or to another workplace.
Transfer of an employee to another company.
Imposing disciplinary action.
Making adjustments to internal regulations.

Orders can also be issued in case of other instructions from management.

Signature - right or obligation

Documents are of great importance in the relationship between employer and employee: with the help of orders and statements, the parties record oral agreements or inform each other of their intentions.
The most common reasons for placing an order:

vacation;
hiring and firing;
transfer to another position or job;
purpose of recovery;
attraction to overtime work, etc.

The auto-fill mechanism will reduce the time for preparing orders

The personnel department must familiarize the employee with each of the orders against signature. At the same time, the Labor Code does not oblige the employee to sign all orders (Article 21 of the Labor Code of the Russian Federation). Art. 379 of the Labor Code of the Russian Federation directly states that in some cases an employee has the right to refuse to perform work.

Does an employee have the right not to sign?

The duties and rights of an employee are specified in Article 21 of the Labor Code of the Russian Federation. The list of responsibilities does not include such an action as putting a signature on orders. Refusal to sign, according to Article 379 of the Labor Code of the Russian Federation, can be recognized as self-defense by an employee of his labor rights. Such provisions of regulations are fully justified, since in practice it is impossible to force a person to sign.

At the same time, the law obliges the employer to familiarize its employees with the order upon signature. Some contradiction is created. However, legislators provided for the situation of a specialist’s refusal. An employee’s refusal, according to Article 84.1 of the Labor Code of the Russian Federation, cannot become an obstacle to the execution of a dismissal order. In such a situation, you need to make this entry in the document: “Refused to sign.”

Article 193 of the Labor Code of the Russian Federation states that the employer must also draw up a certificate of refusal. The preparation of this document must be carried out in accordance with the rules. If this paper is not drawn up, the manager’s order will not be valid. An employee can challenge the validity of this document.

Let's look at an example. The manager wants to fire an employee. He draws up an appropriate order. The employee refuses to sign. The employer still terminates the employment contract. The employee is challenging his dismissal in court. He argues his claim with the fact that he was not familiarized with the order. The employer cannot challenge the plaintiff’s argument in any way, since both the signature confirming familiarization and the document are missing.

Ignorance of the order liberates

The legislation is clever. For example, ignorance of the law does not exempt you from responsibility. This is the presumption. You can’t say in court: I didn’t know, that’s why I violated. All the same, sanctions in the form of punishment cannot be avoided.

In civil cases, including labor disputes, everything is more complicated. A negligent employee will tell the judge that he did not familiarize himself with the management’s order because the management’s order was not communicated to him. And the ball is in the administration's court. She will have to prove that she is right by documenting each action. For example, that the employee was given the opportunity to sign a document. In court, as in a minefield, even if you are 100% right in everyday understanding, but if you could not present legally competent evidence, it means that the case is lost on all counts.

When an employee refuses to sign an order, a smart manager will be wary. Further actions must be careful in strict accordance with the law and law enforcement practice. If a subordinate openly goes into conflict, it means that he is also preparing. Underestimating your opponent, no matter how weak he may seem, is a sure way to lose. The presumptions in civil proceedings differ from those in criminal proceedings. In criminal cases, doubts are interpreted in favor of the accused; in civil cases, on the contrary, doubts are interpreted in favor of the accused, especially if he is a “little man” offended by the corporation.

Drawing up an act of refusal

The regulations do not provide a unified form of this document. That is, this form is developed by the organization independently. The type of document may vary depending on the specifics of the company. When drawing up an act, you must rely on the standards contained in GOST R 6.30-2003. You should also pay attention to archival rules.

The act is an information and reference document. It confirms some action or event. The document must indicate various details. This is a must. An act can only be drawn up by a commission, that is, several persons. One manager cannot draw up this paper. The document includes three parts:

Introductory part. Includes the date of preparation, number, link to the document (an order in which the employee does not want to sign). The composition of the commission must be indicated. Each member of the commission is registered in alphabetical order, indicating their full name and position.
The main part. It sets out the established facts of the case, findings and conclusions. For example, this part may contain the following entry: “The commission found that employee Ivan Ivanov, holding the position of sales manager, refused to sign the dismissal order.”
The final part. All commission members put their signatures on the document. Information about the number of copies of the document is indicated.

IMPORTANT! It is very important for the employer to draw up an act in full compliance with the law. Fundamentally, this is because an employee’s refusal to sign already indicates a conflict of interest. If the act is drawn up incorrectly, there is a high risk that the employee will go to court to challenge this document.

Time limits for familiarization according to the Labor Code of the Russian Federation

The rules and technology of actions necessary for compliance in the process of registering dismissal are reflected in Article 84 of the Labor Code of the Russian Federation.

The regulatory act stipulates that the resigning specialist must be familiar with the contents of the order on his dismissal and must sign it.

It is important to take into account that the fact of studying the information specified in the document must be confirmed by the personal signature of the employee.

The labor legislation of the Russian Federation does not define a clear time frame for employees to familiarize themselves with the order to terminate their employment relationship with the employer.

In the situation with notification of upcoming dismissal, everything is different - the head of the company is obliged to warn about this event in advance.

Article 62 of the Labor Code of the Russian Federation states that, if necessary, an employee can apply to management with a request to issue labor documentation relating to the work of a specialist in a given company.

The required papers must be received by the employee within 3 days.

Many people are often mistaken and believe that the employer must issue a dismissal order within a similar period.

From all of the above, we can conclude that the head of the enterprise has the right to issue an order of the previously specified type on any day, no later than the date of dismissal.

There is no specific period during which an employee must study the information reflected in the regulatory act.

At the same time, it is generally accepted that the order should be read and signed before the employment relationship with the employee is considered terminated.

How to familiarize an employee if he has not signed and is absent from work?

Previously, it was stated that the employee must leave his personal signature in the dismissal order.

At the same time, in practice, situations may arise in which, at the time of termination of the employment relationship, a specialist is absent from the workplace for some reason and cannot sign.

What to do in this case?

If the employee has not read the order data before the dismissal, the employer puts a corresponding mark on the order.

At the same time, the employee is sent a written notice , which reflects the need to receive payment funds and labor documentation.

Can another person sign for a fired person by proxy?

Labor legislation allows the possibility of signature of certain documents by authorized persons . For this purpose, a special power of attorney is drawn up and certified by a notary.

It is important to note that the dismissal order is an exception. Documentation of this nature cannot be signed by the employee's authorized representative.

The paper on termination of employment relations affects exclusively a specific worker, so it is impossible for it to be signed even by trusted representatives.

Actions performed in this case by a trusted person may be challenged in court.

That is why the person resigning must sign the order personally.

If the employee refuses

Despite the fact that the employee’s signature must be on the dismissal order, its absence is not an obstacle to the order coming into force.

A document that does not contain the worker’s signature is executed in the standard manner. In this case, some rules are taken into account.

If the reason for the absence of an employee’s signature on the order is his refusal to affix it, the responsible person makes a note on the document.

Its approximate wording may read as follows: “I refused to sign the acquaintance.” The need to perform this action is regulated by Article 84 of the Labor Code of the Russian Federation.

The refusal received by the resigning specialist is issued in writing. For this purpose, a corresponding act is drawn up, which reflects all the necessary information that the employee did not sign the order.

Employer's procedure

Let's consider all the actions an employer must take if an employee refuses to sign:

In the presence of two or three employees, the employee is invited to familiarize himself with the act. It is advisable that these employees are not direct subordinates of the manager.
The employee verbally refuses to sign.
The employer reads out the order so that the employee is familiar with the document.
An act of refusal to sign is drawn up. It is recommended to prepare it in advance.
Witnesses sign this act. The employee is also asked to sign the document.
If the employee refuses this signature as well, the document must be marked with o. This note is also confirmed by the signatures of witnesses.

IMPORTANT! The note indicating the employee’s refusal to sign must be handwritten. The registration number and date of registration of the act are also written down by hand.

Procedure is the mother of order

It’s not for nothing that people came up with ceremonies and rituals. They have a deep meaning. So, the employee refuses to sign the order, believing that in this way he will be able to evade execution. He can evade even by signing, but that’s not the point. But his refusal triggers the administrative mechanism. The manager cannot allow employees to ignore orders. Weakening labor discipline is a sure path to the collapse of production.

First of all, a commission is convened, and the reason for its convening is brought to its attention. It is good if among the members of the commission there is a lawyer, a personnel officer and one of the ordinary employees. There are no such people, which means we will have to make do with those who exist. Next, the employee is called to the commission, the order is read to him and he is asked to sign for familiarization.

The called employee continues to be stubborn, but his position becomes vulnerable. After all, witnesses have appeared who can confirm the fact that the contents were brought to the attention of the employee. The next legal step is to draw up a report on the employee’s refusal to familiarize himself with the order. The document is simple, thanks to the legislator for not complicating the situation. It is already difficult for all conflicting parties.

The act is drawn up in any form, but in compliance with formalities.

It must contain the following details:

Full name and position of the person who drew up the act;
Full name and position of the employee who refused to familiarize himself with the order;
Name and position of witnesses;
place and time of drawing up the act;
date and order number;
if the reason for refusal is known, it must be indicated;
signatures of the originator and witnesses.

It is difficult to challenge such a document in court or at the labor inspectorate. A stubborn employee drives himself into a legal trap.

Consequences of signing

Refusal to sign will result in the following consequences:

Refusal will not be an obstacle to the implementation of the manager’s order if the latter draws up the act correctly.
Refusal may be considered as disagreement with management's order. That is, this is a violation of labor discipline. This is relevant for cases where an employee is asked to sign orders for a business trip or to undergo a medical examination. In this case, disciplinary punishment follows.

The consequences of the situation in question depend almost entirely on the actions of the employer. Therefore, he must be guided by the law. This will help prevent future litigation.

How to draw up an act of non-signature?

A situation in which an employee, for any reason, does not sign the order to terminate the employment contract may lead to legal proceedings.

To reduce the risk of problems, the employer should take care to document the employee's refusal.

It is for this purpose that, if received, the head of the company draws up a special act. The procedure for completing documentation includes several nuances.

It is important to take into account that drawing up an act is a mandatory event . If it is absent, the dismissal order may be challenged by the employee.

An employer can avoid problems if:

labor relations are terminated at the request of the worker;
the employee submitted a letter of resignation;
the employee did not withdraw his resignation letter.

When filling out the act, you do not need to use any unified form, because one simply does not exist.

The company may develop a template for preparing such papers.

To draw up the act, it is allowed to use a blank sheet of A4 paper or the company’s letterhead.

In the process of drawing up documentation, be sure to take into account the following rules:

paperwork is completed in the presence of at least 2 witnesses.
the employee is invited to familiarize himself with the act and leave his personal signature on it.
If a refusal to affix a signature is received, a corresponding note is made on the act.
The document must contain the signatures of the persons present during its execution.

All signatures, as well as a note about the employee’s refusal to sign the act (if necessary), are affixed in writing, by hand.

The approximate structure of the act is as follows:

document creation date
serial internal number of the paper;
a note about the order in which the employee refuses to sign;
composition of the commission, positions and initials of its members;
main part . Includes a description of the situation, the occurrence of which entailed the need to draw up an act;
signatures of responsible persons and commission members.

Personnel department specialists are responsible . They are the ones who should be in charge of filling out documentation of this nature.

drawing up an act stating that the employee did not sign the dismissal order - sample.

This is what the sample looks like:

Why write an order?

An order is a subtle, piecemeal thing; it is stupid to scribble orders for every reason, or even for no reason. There will be a devaluation of words and deeds. But there are situations when the order is a forced measure and requires a signature for review. Here's a short list:

Procedure for granting vacations (all types).
Dismissal of an employee (for any reason, including at his own request).
Involving an employee in overtime work.
Internal transfer to another workplace.
External transfer to another employer.
Any type of disciplinary action.
Changes in internal regulations.
Other orders at the discretion of the administration.

When there is a healthy environment at the enterprise, the familiarization procedure takes place routinely. At the meeting or individually, each employee listened, read, and signed. Difficulties begin when there is a conflict of interest. Or in case of interpersonal conflicts, or in an unhealthy situation in the team.

Refusal to sign is a signal of trouble. It can be avoided during the preparation of the order. If there has been an open discussion in advance and the draft resolution is known, the likelihood of mutual disagreement is sharply reduced. It is more difficult in the case of an order to impose a penalty. Barring stubbornness and resentment, it should be expected that an employee refuses for a reason. He is already preparing for further actions.

When it is made up

In the labor relations of enterprise management with subordinates, conflict situations often arise, which can result in penalties for the employee. According to the rules, the employee must read the document authorizing the punishment and confirm reading with a personal signature.

For example, part 2 of Article 68 of the Labor Code of the Russian Federation indicates the need to obtain the employee’s signature after reviewing the employment order.

In addition, such a requirement is regulated by Articles 84.1 part 2 (termination of an employment contract) and 193 part 6 (penalty) of the Labor Code of the Russian Federation. Article 22 part 2 requires the manager to familiarize the staff with any documentation related to work activity against signature.

Of course, not every management document is approved by staff. It may happen that the employee not only refuses to sign the paper, but also does not want to get acquainted with the contents of the document.

Most often, an employee does not want to sign an order for penalties or dismissal. In this case, the enterprise must react accordingly, i.e. draw up an act confirming the refusal.

The order is marked accordingly and the document comes into force. At the same time, if the order concerns any innovations at the enterprise, then the lack of an employee’s signature may be an obstacle to the start of the implementation of the innovations.

What is stated in the act

If an employee does not want to sign or, in principle, does not intend to get acquainted with the contents of the order, notification, instruction, order or instruction, then a special paper is drawn up about this. It should contain:

Full name and position of the employee who refuses to familiarize himself with the order (or put his signature on the documents);
Full name of the person drawing up the document (often this is a personnel department employee, accountant or other official responsible for familiarizing employees with orders);
positions, surnames, first names and patronymics of employees who will attest to the fact of categorical refusal (at least three people);
place and date of compilation;
name of company;
if possible, exact time;
number and date of the document due to which the dispute occurred;
personal signatures of the persons who witnessed the act.

This is important to know: Disciplinary action for failure to fulfill official duties

Also in the above form there are several blank lines to explain the motivation of the employee who refused. If the reasons were not given, then a dash is placed in these columns. If they were expressed at least orally, then these justifications can be written down by the document compiler who heard them.

If the employee has read the provided paper, but has not put the required reading mark, this act is also drawn up.

Sample

and sample

Form
Sample

Attachments to the document

To record the fact of an employee’s refusal to study an order or any other document, this act alone is quite enough. But the law does not prohibit any additional documentation from being attached to this act. The act must list all the additions that are attached to it.

An act of refusal to sign for familiarization with the order is drawn up if the other party, for one reason or another, refuses to familiarize itself with any official document. The document records information that the person has been informed of the current situation. Courts accept such papers as evidence during proceedings.

Reasons for an employee’s refusal to sign an order

The reason why an employee refuses to sign an order concerning him is always the same - the employee does not agree with the decision made regarding him by the employer. However, there may be a reason for his disagreement:

Purely emotional - when the order records a decision made by the employer in accordance with the norms of current legislation. For example, when the order refers to a disciplinary sanction for a violation documented in accordance with all the rules, or when an employee performs his official duties of a periodic nature (for example, going on a business trip). In this case, the employee’s agreement or disagreement with the decision made by the employer will not play any role, since the employer has the right to make such decisions, and the employee is obliged to obey them.
Justified by law, which occurs in a situation where the employer has issued an organizational and administrative document, thereby violating the norms of the current labor law. For example, he did not obtain the employee’s consent to recall him from vacation or invite him to work on his day off. That is, the employee, firstly, has good reasons not to sign a document with which he does not agree, and secondly, the presence of his signature on the order will mean his actual agreement with the order contained in it.

Compilation rules

When filling out, it is fundamentally important to take into account the timing. The more accurately the time is specified, the better. In court, questions will be asked regarding time periods and testimony will be compared. It is also advisable to mention in the text where the order was read (office, HR office, manager’s office, etc.).

It is acceptable to ask the question orally or read the document out loud to the employee. The main thing is that the refusal is clear. The text of the act may sound like this:

“I, the head of the HR department, Vasily Ivanovich Tarasov, in the presence of the cleaner Elena Vitalievna Markova and the manager Ivan Sergeevich Knyazev, have drawn up this act stating that...”

Employees or persons who agreed to record the fact of refusal must also be present in this room and clearly understand that the employee refused to read the order and sign on it. Witnesses must sign to confirm this fact. Only in this case will the act have legal force. If the employee refused to sign this document, then this can be written at the very end of the act. There is no need to draw up a separate document regarding refusal to sign.

Specific example and wording

Suppose an employee should be fired due to absenteeism. But he refuses to sign any documents. In this case, you need to draw up a memo, fill out an absenteeism report (failure to show up for work), try to get an explanatory note (or draw up an act of refusal to draw it up), and issue a dismissal order. And only if the employee does not familiarize himself with the dismissal order (expressing this at least verbally), then a certificate of refusal to familiarize himself with the order is filled out.

An arbitrary form of compiling this paper is also acceptable, but it must contain all the above-mentioned information and details.

Thus, the form and sample provided for downloading are a good help for the personnel worker. There is no need to reinvent the wheel with them. Simply fill in the empty columns that describe the “actors” and the current situation. In this case, you must strictly adhere to the deadlines provided for by labor legislation.

Attention! One person is not enough to draw up an act. You need at least two signatures of witnesses who are not interested in the outcome of the case (plus the compiler, that is, three in total).

The same filling out rules apply in case of refusal to receive a work book upon dismissal, familiarization with the vacation schedule, etc.

What needs to be specified anyway?

Such an act must contain the following points:

Personal signatures of persons who acted as witnesses.
The number and date of the document with which the other party does not agree.
Exact time, if known.
The name of the company where everything happens.
Place, date of compilation.
Full name of the person responsible for drawing up the document.
Data on citizens who are witnesses for this case.
Full name and position of the employee who initiated the refusal.

Several empty lines are provided where, if necessary, the motivation of the party who refused to familiarize is indicated. The columns are filled in with a dash if such information is not provided. Sometimes the reasons are stated only verbally. Then they are recorded by the one who managed to hear this conversation.

Consequences of failure

For the employee himself, refusal to sign in any case does not entail direct consequences. If this is an order of dismissal or discipline, then the presence or absence of the signature of the employee himself will not solve anything.

If this is an order about innovations at the enterprise, then no sanctions are applied for disagreement. At the same time, for management, the absence of a signature on an order with innovations may make it impossible to translate them into reality.

The execution of this document cannot be called an ordinary event. If there is a need to compile it, this may indicate that the relationship between the employer and employees is quite complex.

In such situations, it is possible that the parties may consider disputes in court. Practice shows that if there are controversial situations, the court interprets them in favor of the employee.

This is especially true in cases where an entire organization opposes an ordinary “hard worker.” That is why it is in the interests of the company to correctly draw up this document.