Sample act of refusal to sign in an order: sample

Last modified: January 2021

Any personnel decision with the issuance of an order requires signing by the manager and the employee himself, requiring mandatory familiarization with the document. If the administration’s decision causes disagreement, the employee refuses to sign the order, expressing his position. Such reluctance causes difficulties for the employer, who is obliged to comply with the procedure under labor law, but is not a significant obstacle to the execution of orders.

Typically, the problem with an employee refusing to sign an order arises when they disagree with the decision to dismiss. But in fact, in any circumstance where it was necessary to warn a person, his visa will be required on the document.

What an employee can and should do

The rights and obligations of employees are prescribed in the Labor Code of the Russian Federation. According to it - or more precisely Article 21 - every employee has the right:

• to conclude an employment contract;
• its termination;
• changing the terms of the contract;
• provision of work;
• provision of a workplace in accordance with the standards of current legislation;
• full payment of the salary established in the employment contract;
• paid vacation;
• rest during the working day;
• creation of labor associations;
• participation in the management of the organization;
• conclusion of contracts related to labor activities;
• protection of your rights;
• conflict resolution during interaction with team members;
• strike;
• compensation for moral and physical harm caused during work.

Also see “Rights of Probationary Employees.”

Responsibilities are as follows:

• fulfillment of the terms of the employment contract;
• following a routine;
• follow the rules of law;
• do not damage property located in the access zone;
• warn about possible danger to the life and health of team members.

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.

Special right to defend your rights

Let us note that the employee’s right to defend his rights may also include refusing to sign any order. Moreover: not a single article of the Labor Code says that employees are required to sign every order of their superiors, regardless of its content.

Thus, in case of refusal to sign any paper, an act of refusal to sign and familiarization with the order is drawn up. That is, the initial order is considered not certified, since the employee’s signature was not affixed.

When and why do they draw up an act?

Refusal to familiarize yourself with the management order is drawn up in conflict situations at the enterprise. Often an “offended” employee goes to court to sort things out. If the main evidence of violations against him is the inability to familiarize himself with the order, then such an act will become an argument against him. In controversial situations, it is important to timely and correctly draw up a document that will protect the company from unscrupulous employees during court proceedings.

Most often, such acts appear due to reprimands or dismissal of a person. This is often due to a negligent attitude to work, refusal to perform duties, absenteeism, and tardiness. To punish a negligent employee, for example, for systematic lateness, the employer acts in stages:

1. Draws up a report of lateness.
2. Tries to take an explanatory note.
3. Issues a reprimand order.

When the violator refused to familiarize himself with it, then you will need paper that will record this fact. A similar document must be drawn up even if he read the text of the order, but did not want to sign. If an employee considers the manager’s actions unfair or illegal, he has the right to demand that his opinion be included in the document.

ConsultantPlus experts examined the question, when an employee refused to familiarize himself with the dismissal order and the employer drew up a report about this, but did not make a note on the order itself, whether the absence of a record of refusal to familiarize himself with the order is grounds for bringing this employer to administrative liability. Use these instructions for free.

In practice, there are several reasons for refusing to sign an autograph on an order:

• strongly expressed disagreement during familiarization;
• physical inability to see the document;
• expiration of the period provided for familiarization with the paper.

If an employee is physically unable to read the information, then this must be indicated. But this doesn't happen often. To draw up a document refusing to sign due to failure to meet deadlines, you should wait until they expire. If completed earlier, it will be invalid.

Violators often naively believe that the court will side with them if they do not sign the paper. This will not save them, since a person has the right not to autograph a document, but is not able to deprive it of legal force. The act of refusal will just confirm that the order was shown to the employee.

Certificate of refusal to sign the order

As was said, after an employee refuses, it is necessary to draw up an act of refusal to sign the order. A sample of such an act is not fixed at the legislative level. That is, there is no single type of this act and no form for it. However, there are a number of requirements for documents of this kind. For example - GOST R 6.30-2003.

Otherwise, the management of each company draws up this act depending on its own interpretation of the situation:

Is it possible for an employee to refuse to sign an order?

The employer's responsibilities include the requirement that the employee must familiarize himself, against signature, with each local regulatory act related to the work activity of this employee (Article 22 of the Labor Code of the Russian Federation). The presence of a signature will confirm that the employee has been notified of the contents of the document concerning him.

However, situations arise when the person to whom the order relates does not agree with its contents and refuses to sign. What motivates him to do this is the absence in the list of employee responsibilities (Article 21 of the Labor Code of the Russian Federation) of the obligation to sign documents issued by the employer. However, the right to such a refusal is not listed among his rights.

Meanwhile, the order issued by the employer may contain instructions:

• made in full compliance with the requirements of labor legislation;
• violating statutory requirements (for example, when an order is issued without obtaining the prior consent of an employee in a situation of recall from vacation or assignment to work on a day off for him).

In the first case, regardless of whether the employee agrees with the order, this document is binding on him and, if we are talking about things that are part of his labor functions, may result in disciplinary action.

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.

Also see “Sample Certificate of Refusal to Give a Written Explanation.”

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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.

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.

What to pay attention to when drawing up a deed

When drawing up an act, as well as when writing it, you can rely on your own vision of the document, since the law does not impose any special requirements on this parameter. The act can be written on a simple blank sheet of paper or on the organization’s letterhead. You can enter information by hand (with a ballpoint pen of any dark color, but not a pencil) or type it on a computer.

It is important to comply with the condition : the act must contain the signatures of its immediate compiler and the employees present - their autographs will indicate that all the information entered in the document is correct.

It is not necessary to certify the form of the act with a seal - from 2021, the use of stamped products in enterprises and organizations is necessary only in cases where this is enshrined in the internal regulatory documents of the company.

The act is drawn up in two copies :

• one of whom remains in the company,
• the second is transferred to the opponent.

If necessary, you can make additional copies of the act.

Procedure for delivery of notification

Important! The notification must be in writing and presented to the employee against signature.

There are several ways to transfer from employer to employee:

• Handing it in person is the simplest and most reliable way, but it is not always feasible, because the employee may not be at work at that moment due to illness, business trip or vacation.
• Send by registered mail with a notification that the citizen will receive and it will serve as confirmation
• The third option is to transfer documents at your place of residence, but only through a representative with a notarized power of attorney

Reducing staff is one of the measures to improve the performance of an organization. Staff reduction can be carried out either by laying off workers or by eliminating vacant jobs.

If the employee does not agree with the order

Even if the order is signed, this does not mean that the citizen agrees with the party who drew up the document in everything. A signature is required only to confirm that you have read the information. If there are any objections, it is recommended that you still confirm your review, but make appropriate notes nearby.

The authority of the management includes issuing orders and demanding compliance with what is written there. Refusal to take such actions is equivalent to disciplinary violations. After this, there is a high probability of termination of the contract, and here the employer does not violate the law.

The most difficult circumstances arise if an employee simultaneously:

• refuses painting;
• does not appear on the commission.

In this case, the employer has the right to send a registered letter, which is also part of the legal notification procedure. The fact of evasion of obligations is obviously interpreted not in favor of the subordinate. Such actions are considered to be a deliberate complication of circumstances.

Drawing up reports on the refusal of the other party to familiarize yourself with the documents is a way to hedge your bets. Most often, such situations arise when dismissal or imposition of fines with which the citizen does not agree. The main requirement is to indicate in the document all the details related to the case. The mere fact of refusal is not enough for the order to cease to apply.

If the employee refuses to familiarize himself with the order, what to do in this case:

The need to draw up an act recording the fact of the employee’s refusal to familiarize himself with the order of the enterprise is dictated by the likelihood that the controversial situation may subsequently become the subject of legal proceedings.

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Practice shows that in such cases, quite often the judge is more favorable to the plaintiff, i.e., to the employee. In this case, the enterprise can protect itself from additional troubles by providing an act of refusal to familiarize itself with the order.

Registration in the process of familiarization and receipt of refusal

The “in process” option requires preliminary preparation and involves the following algorithm of actions:

• the service responsible for the development of document forms develops a form for the act of refusal to sign;
• the inspector familiarizes the employee with the document or hands him a notice against signature in the presence of two witnesses;
• upon receipt of a refusal to sign, the inspector fills out a report form;
• witnesses (commission members) affix their signatures to the act;
• one copy of the act is given to the person familiarizing himself with the document, the other remains with the inspector.

Drawing up a document completely manually is a time-consuming and ineffective option, although it is acceptable.

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.

Form

You are allowed to use a free filling style. But at the same time, all important data must be present here. Although you can use standard templates that are available for download on the Internet. Here you just need to fill in the blank lines, entering the relevant information into them.

In what situations is it issued?

If the act is drawn up correctly and on time, the company protects itself from possible problems in the future. After all, in difficult relationships, situations are not excluded when an “offended” employee turns to court for help.

Expert opinion

Ilyin Ivan Pavlovich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Recognized legal expert.

At the same time, he can try to prove that the director did not familiarize him with the order. In this case, the company will be able to prove its case with the help of this act.

After all, this confirms that the employee is nevertheless familiar with the order. This argument can be called quite weighty.

If the document is drawn up correctly, the court will side with the organization.

It also happens that at some certain moment an employee does not have the physical opportunity to sign his autograph. In this case, the correct decision on the part of the employer would be to put an appropriate mark in the act, which will confirm this fact.

Often the preparation of such an act foreshadows a reprimand, disciplinary punishment, or dismissal. It can be assumed that the document indicates an unpleasant situation is brewing.

Often, on its basis, a dismissal order is drawn up.

( Video : “If an employee refuses to familiarize himself with the order - Elena A. Ponomareva”)

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How to draw up a deed of refusal to sign?

Situations when it is necessary to familiarize an employee with a document or record the fact of delivery of a document against signature are not uncommon. The person being familiarized may not agree with the contents of the document or refuse to serve it.

One of his possible reactions is to refuse written confirmation of the fact of familiarization. This situation requires additional documentation.

Why do they write orders?

There are several situations in which issuing an order is a necessary measure. The same applies to the need to familiarize yourself with the document with some other employees. Here are just a few relevant circumstances:

1. When the internal routine changes.
2. Application of disciplinary sanctions of any kind.
3. For external transfers to other employers.
4. Internal transfers to other workplaces.
5. Involvement in overtime types of obligations.
6. Dismissal of subordinates, regardless of the reason.
7. Determining the order in which vacations are granted.

The familiarization procedure becomes a familiar and quick affair if a familiar environment develops at the enterprise. Special meetings are held or documents are provided on an individual basis. Difficulties arise for companies if there is a conflict of interest.