Certificate of refusal to sign familiarization with the order: sample 2021

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.

How to inform if a fired person is absent from work

The dismissal order requires mandatory review and signature of the employee.

If the latter does not come for the paycheck and documents on the day of dismissal, the employer sends him a written notice of the need to come to the employer to get a work book and familiarize himself with the order.

This indicates that the company notified the employee of the settlement.

In such circumstances, a special mark is placed on the order, indicating that it is impossible to familiarize the employee with the order due to his absence.

The employer must personally familiarize the employee with the dismissal order. Therefore, if he does not appear on the day of settlement and does not sign the order, a corresponding entry is made in it.

Orders regarding personnel are not signed by proxy, since they concern the employee personally. The actions of a trusted person can always be challenged.

Therefore, the option of entrusting the right to sign a dismissal order to another person does not work.

According to the law, an employee’s refusal to sign an order cannot serve as an obstacle to its execution.

When an employee refuses to affix his visa, the personnel officer will affix o.

At the same time, labor legislation requires in such circumstances to additionally draw up an act of refusal.

There is no standardized form for such a document. The employer can issue it in a free form. If it is not drawn up, the employee will be able to challenge the dismissal order.

Suppose the director decided to dismiss an employee under an article. He issues an appropriate order to this effect. But the employee refuses to sign for it.

The employer does not pay attention to the lack of signature and simply terminates the employment contract. An employee files a lawsuit demanding reinstatement at work due to failure to familiarize him with the dismissal order.

Under such circumstances, the employer will not be able to prove that the employee simply refused to sign. For this purpose, an act is drawn up, in which witnesses to the incident put their signatures.

So, the employer’s procedure is as follows:

In the presence of at least two people, the employee is invited to familiarize himself with the document upon signature.
If the person being dismissed does not sign the documentation or is absent, a notice of refusal is drawn up. It is recommended to arrange it in advance.
Witnesses put their signatures on the act. The employee is also asked to put a visa on it.
If the employee refuses to sign here too, a note is made “refuses to sign”, and the witnesses put another signature next to each other.

Conditions under which there are no consequences for the employer from the absence of a signature on the order:

the resignation letter is written at the employee’s own request;
the employee did not withdraw the submitted application;
There is also no application to continue working.

When all three conditions are present, dismissal can be carried out without fear.

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. 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.

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

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”)

When is drafting necessary?

It often happens that an employee plans to protect his rights by turning to the courts. The court is likely to refuse the claim if the plaintiff claims that he was not familiarized with some document, although the corresponding act was drawn up.

Sometimes it is simply impossible to sign physically. Then the paper writes about the circumstances associated with its preparation.

Orders for dismissal, disciplinary sanctions - situations when a statement of refusal is drawn up most often. Such documents precede the completion of the employment relationship between the parties.

Compilation rules

There are no special requirements when drawing up this document.
Here you just need to adhere to the standard rules for filling out documentation of this kind. It is recommended to indicate the time as accurately as possible. The more accurately it is spelled out, the better for the company.

Indeed, if the employee decides to seek help from the court, during a thorough investigation, the time intervals will be compared with the testimony of the participants in the process and witnesses.

It is highly desirable that the responsible person indicate in the act exactly where the employer familiarized the employee with the order. For example, this could be the director’s office, office, human resources department. It would be useful to note that the document was read out loud in front of the employee. There were witnesses present.

It should also be noted that those present in vain confirm that the employee did not want to read the order or instruction on his own, and accordingly, did not sign this document. The act acquires legal force only if it bears the autographs of all witnesses.

You need to understand that in this procedure, witnesses are mandatory. After all, it is impossible to correctly draw up a deed for one person. After all, in this case he will not be able to prove the correctness of his actions. So, in addition to the person who is responsible for drawing up the document, at least two more people must be present here.

Order familiarization sheet: instructions and sample

A sheet confirming that employees were familiar with the order is used only if it is necessary to obtain signatures from many citizens. For example, if the order relates to a large department or a large group of employees.

The familiarization sheet acts as an appendix to the order.

If any labor disputes arise between the head of the company and employees in the future, then this document serves as evidence that the employer has fulfilled all legal requirements.

For this purpose, the employees mentioned in the order are selected. If for various reasons citizens are absent from work, then we must wait for their return, after which they sign the document.

If the employer cannot prove that the company’s employee was notified of the contents of any order, this may lead to negative consequences for the head of the company in the future.

Orders can easily be challenged in court or overturned by the labor inspectorate. Often the employees themselves refuse to sign the sheet familiarizing themselves with the contents of the order.

There are 2 main approaches to the approval of the journal in question, as well as to the formation of its structure.

1. Creation of a document that is an annex to the employee’s employment contract.

This document:

signed only by the employee with whom the employment contract is concluded;
includes a list only of those acts that apply to a specific employee.

2. Creation of an independent regulatory document that:

signed by all employees of the company;
contains lists of all LNA used in the company (classified by category).

In the first case, the journal form reflects:

the fact that the document is an annex to the employment contract with certain details (number and date of signing);
a list of acts whose jurisdiction extends to the employee who signed the relevant employment contract;
dates of familiarization with the LNA specified in the list.

The structure of the document must also contain columns for affixing employee signatures.

The second option for structuring the LNA familiarization sheet involves including in it:

graph intended to indicate the structural divisions of the company, full name. employees working in them, as well as their positions;
a column intended for employees to affix signatures certifying the fact of familiarization with local documentation;
marks on certification of the document by the head of the company - since in this case the sheet is an independent normative act.

Why do you need a sheet of familiarization with local regulations?

In accordance with the provisions of Art.

22 and 68 of the Labor Code of the Russian Federation, employer firms are required to familiarize employees, both those already hired and those applying for work, with local regulations (hereinafter referred to as LNA), which apply to labor relations involving these employees. Such acts may be, for example, a provision on trade secrets, internal regulations, or a collective agreement.

In addition to the legal obligation of the employer to familiarize employees with the relevant LNA, the company may also have objective reasons to do this. For example, if she does not familiarize the employee with the same labor rules, she will not have the right to hold the employee accountable for the consequences of violating them.

The legislator does not regulate how an employee should familiarize himself with local documentation. In practice, several mechanisms are common to ensure that the employer complies with the requirements of Art. 22 and 68 Labor Code of the Russian Federation. Among these is the preparation of a sheet of familiarization with LNA. Let's study in what structure it can be presented.

Rules for familiarizing employees with the order

The order is presented by an official order of the head of the company.

The rules for its compilation include:

executed exclusively in writing;
contains basic information about changes being made to the work of employees;
may relate to different areas of the company;
formed on behalf of the head of the company;
it may be subject to change;
It is not allowed for the document to violate legal requirements or employee rights.

Additionally, the employer can use the familiarization sheet. The need to familiarize employees with the contents of the order is determined by legal requirements.

https://www.youtube.com/watch?v=EQ0qIzi7kI4

The presence of a signature confirms that the employer has complied with all legal requirements.

Immediately after the order is issued, the director of the enterprise must present it for study to the persons to whom this order applies. If the document is designed for an indefinite number of employees, then the entire staff must be familiarized with it.

Usually the secretary is appointed as the executor of this process, so he creates a familiarization sheet signed by all employees of the enterprise. The manager must make sure that the document has all the necessary signatures.

Nuances of familiarization

Employers must submit the order for review immediately after issuance. This is usually done directly on the day it is drawn up or within the next few days.

The responsible person, whose responsibilities include drawing up and filling out the familiarization sheet, is appointed by issuing an appropriate order by the head of the company. Typically, a specialist from the HR department or a secretary is selected for this.

Familiarization sheet form.

Information about this function must be included in the job description of the selected specialist.

Sample

If it is necessary to familiarize several employees of an enterprise with a document, then a familiarization sheet is generated for this purpose. It is allowed to use any form. Some companies draw up a special template according to which the employee must draw up this document.

Although the exact form of this document is not available, the correct structure must be taken into account when drafting it.

The following information must be included in it:

full name of the company;
document's name;
date of its formation;
number and contents of the order;
numbers of all employees;
Full name of the company's employees;
the positions they occupy;
the date when company employees become familiar with the contents of the order;
signatures of all hired specialists.

How to fill out the staffing table? See here.

If the company has many employees who must familiarize themselves with the order, then several sheets may be needed. All of them are fastened with a strong thread or a stapler, and are also numbered.

Design rules

When preparing this documentation, the following rules are taken into account:

the sheet is made exclusively in one copy;
To create it, an A4 sheet is used, and the organization’s letterhead can also be used;
information is entered by hand or using a computer;
original signatures of all employees specified in the order are required;
there is no mandatory requirement for a company seal, since starting from 2021 documentation is not required to be endorsed with a seal, unless otherwise provided in local regulatory documents;
The sheet must be recorded in a special journal designed to record the company’s internal documentation.

How to draw up a review sheet for an order

By law, the employer may not prepare a familiarization sheet, but at the same time it serves as evidence that all employees who were affected by the order were notified of the changes.

In some situations it is not necessary to draw up this document.

These include:

the order specifies one employee or several employees, so they sign directly on the order;
other documentation is used that is proof of notification of employees about changes made using an order;
employees are notified by sending a copy of the order by mail with acknowledgment of receipt;
The fact that the employees studied the order is recorded on camera.

Sample sheet for familiarization with the order.

The familiarization sheet may be replaced by other evidence that the employer has fulfilled its obligations to hired specialists.

There is no unified form for familiarization with the order. Therefore, employers have the right to develop their own version of the document. In fact, this is just a table, the number of horizontal columns in which corresponds to the number of employees for whom it is mandatory to familiarize themselves with the order against signature - a sample of each of them must be placed opposite the corresponding surname.

The format of the familiarization sheet is similar to the vacation schedule (sample below).

If the company has a large staff and almost everyone needs to be familiar with the order, several sheets may be required: they need to be stapled together, each of them numbered.

Vertical columns must include all the necessary details:

employee serial number,
Employee's name,
his position,
if necessary - the name of the department in which he works,
date of familiarization with the order,
employee signature.

Familiarization sheet with order No. 43 “On safety precautions when working at height”

The order has been communicated	Full name, signature
I have read the order11.09.18	Ogarkov S. P.
I have read the order

What is stated in the act

In general, the compiler has the right to decide for himself what information needs to be indicated in the document.
If necessary, you can write down any information related to this situation here. However, there is certain information that can be called mandatory under any circumstances. These include:

title with a brief reflection of the essence of the document;
date and place of filling, it is highly desirable to additionally indicate the exact time;
information about the company where this situation arose;
information about the order that the employee did not want to get acquainted with. Its number and date of registration are noted;
position and full name of the employee;
information about the employee responsible for preparing this document;
The members of the control group who act as witnesses in this procedure are listed. Each interested person must sign an autograph with a transcript opposite his/her name. Only in this case will the document be considered correctly executed.

If we are talking about a template that is specially created in an organization, then it is recommended to leave blank lines here. They are intended for the employee to indicate here the explanations for his actions.

But the employee does not always make contact; accordingly, he may not give these testimonies. In this case, empty lines are filled with a dash.

Sometimes an employee refuses to report the reasons in writing, but voices them orally. In this case, the author of the document writes explanations personally. But it is indicated that the explanations were recorded from the words of the employee.

What kind of document is this

In a situation where an employee, for some reason, refuses to read the order and sign that he is familiar with the contents of the document, a special act is drawn up.

It contains the following information:

Full name of the employee who does not want to read and sign the document;
Full name of the representative of the enterprise who executed the act. This may be an accountant, HR department employee or other responsible person whose duties include familiarizing staff with orders and instructions for the enterprise;
personal data of three employees of the enterprise who witnessed the employee’s refusal to familiarize himself with the contents of the order;
Name of the organization;
date and place of execution of the document;
details of the order that caused the controversial situation;
signatures of all involved persons.

In addition, the document should detail the reasons for its execution and the motivation of the employee who refused to sign it.

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 familiarize yourself with the order is drawn up by the personnel department in controversial cases related to labor legislation. By drawing up this document on time and according to the rules, you can protect yourself (the organization) from more troubles in possible legal proceedings.

Such papers are not an ordinary event. They are a tangible signal of very complex relationships in a team or between an organization and an individual employee.

It is worth noting that when going to court, labor disputes take place in civil cases. And in them all doubts will be interpreted in favor of the accuser, that is, the employee.

Especially if the issue of a “little man” who is “offended” by an entire company is being considered. Therefore, the company needs to play it safe and act carefully and strictly within the framework of the labor code.

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

This is done in case, during the proceedings, the employee declares that the specified information was not communicated to him or was not presented in the required form.

Act on refusal to execute an order

An act of refusal to sign is drawn up when it is not possible to send information by mail (or the letter has not been received by the addressee).
Such a document must always be drawn up within the framework of labor relations. The employer insures against abuse by the employee. After all, the latter has the right to file a complaint with the labor inspectorate. And no one will take anyone’s word for it. If the employee refuses to sign the order, the employee has the right to demand that an explanation be included in the act that he considers the order illegal, invalid, etc.

How to draw up an act of refusal to sign The document must be drawn up only in the presence of at least two witnesses. It is produced on the official letterhead of the organization (for legal entities and individual entrepreneurs).

If the employee does not sign, the company’s employees are invited and their full name, position and department are indicated.

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Act on refusal to familiarize yourself with the order

Consequences of an employee’s refusal to sign The consequences of an employee’s refusal to familiarize themselves with the order or sign it depend on the content of the order:

in some situations (dismissal, disciplinary action, removal of a combination, etc.), a correctly activated refusal does not interfere with the further procedure;
in other cases, the law regards such a refusal as disagreement with the employer’s order (for example, about sending the employee on a business trip, undergoing a medical examination, etc.). And if the order has no legal basis, it may be regarded as a violation of labor discipline and result in disciplinary punishment for the employee.

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Act of refusal to sign the act

When compiling it, one should be guided by the general norms and requirements established by GOST R 6.30-2003 and various kinds of archival rules. Any act of record keeping is considered as an information and reference document confirming a previously occurring event.

Act on the employee’s refusal to sign a dismissal order

Attention Sometimes, to draw up and sign a particular act, entire commissions are involved, which include employees of different structural divisions or representatives of various companies - all of them are required to sign the document. Their autographs indicate that the information included in the act is correct, the parties are familiar with it and agree with it.

But if one of the parties directly related to the act refuses to sign it for some reason, the document can be marked accordingly or a separate act can be drawn up in connection with this.

This document will be proof of the fact that the original act was presented to the second party and all the conditions from this point of view were fulfilled by the drafter of the act.

Certificate of refusal to sign the order

Important An act of refusal to familiarize yourself with the order is drawn up by the human resources department in controversial cases related to labor legislation.

By drawing up this document on time and according to the rules, you can protect yourself (the organization) from more troubles in possible legal proceedings. FILESDownload a blank form of the act of refusal to familiarize yourself with the order.doc certificate of refusal to familiarize yourself with the order.

doc Such papers are not an ordinary event. They are a tangible signal of very complex relationships in a team or between an organization and an individual employee. It is worth noting that when going to court, labor disputes take place in civil cases.

And in them all doubts will be interpreted in favor of the accuser, that is, the employee. Especially if the issue of a “little man” who is “offended” by an entire company is being considered.

Drawing up an act of refusal to sign an order (sample)

In the vast majority of cases, acts of refusal to familiarize themselves with the order are drawn up due to orders for disciplinary action against the employee or his dismissal. In any case, the document is a harbinger of an unpleasant situation.

Often it precedes the end of an employee’s career in a particular organization or goes hand in hand with it. Compilation rules When filling out, it is fundamentally important to take into account the time period. 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.

Act on the employee’s refusal to familiarize himself with the order, sample form

ACT N on refusal to sign the order of dismissal g. » » g.

This act certifies that in our presence (time and place of drawing up the act) (position name and last name, first name, patronymic) familiarized the employee (position (profession), department) with the order of the head of the organization (last name, first name, patronymic) dated » » g . N on application to (full name) in accordance with comp. 192 of the Labor Code of disciplinary action in the form of dismissal for (indicate the grounds provided for in paragraphs 5, 6, 9, 10.

part 1 of article 81 of the Labor Code, paragraph 1 of article 336 of the Labor Code, paragraphs 7 or 8 of part 1 of article 81 of the Labor Code) refused to give a receipt indicating (last name, first name, patronymic) that he was familiar with order No. dated » » Signatures of the persons who compiled act: 1. (position)(signature)(signature transcript) 2.

If you refuse to sign an official or other document, do not be nervous - draw up an act of refusal to sign. Like an act of refusal to receive, such a document records the fact that a person has been made aware of any information, but refuses to sign and confirm it.

The act of refusal to sign is accepted by the court as evidence in a civil case only if it is drawn up correctly. And how to do this can be seen in the example below, which can be adapted to absolutely any situation. Moreover, the official form of such a document is not fixed.

In case of difficulties, you can contact the site’s on-duty lawyer for free advice.

Documentation of refusal to sign: 5 stages

The order was read aloud by the drafter of this act in the presence of witnesses. He motivated his refusal to sign the order by disagreement with the management’s decision. the act is confirmed by personal signatures: Head of the advertising department Chernyshkova V.S.

Marketing Department Specialist I.V. Kharlamov This act was drawn up by the Head of the HR Department D.N. Stepashin. When to draw up an act of refusal to sign There are several ways to convey the required information to a person: send by registered mail with notification and a list of attachments, send by e-mail, fax, or telephone. However, in cases where the obligation to provide information (a notice of layoff, a disciplinary sanction, a transfer order, termination of a contract, a change in its terms) is imposed by law or the fact of delivery must be confirmed for the court, not every method will be suitable.

Source: https://redtailer.ru/akt-ob-otkaze-vypolneniya-prikaza/

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.

An example of a record about the impossibility of familiarizing an employee with a dismissal order

In the event that the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, require that a document confirming the absence of material claims against the employee be attached to the order for the dismissal of the financially responsible person. However, labor legislation does not oblige you to do this.

A situation is possible when a dismissed employee does not want or cannot receive a work book (for example, he does not agree with the dismissal, he left, got sick and therefore does not come to work). If the personnel officer does not hand over the work book to the employee on time, the company cannot avoid not only administrative punishment, but also the obligation to pay the employee for the delay in issuing the work book.

Termination of an employment contract after causing damage does not entail the release of the party to this contract from financial liability (Part 3 of Article 232 of the Labor Code of the Russian Federation).

If the dismissed employee does not want or cannot pick up the work book, the personnel officer needs to draw up a statement about the impossibility of handing it over and send the employee a notice “of the need to appear for the work book or agree to have it sent by mail.”

Familiarizing employees with documents for signature is one of the duties of a secretary, but far from his favorite. Regardless of our mood and workload, we can spend hours searching for the right workers to explain, give and take “autographs.”

Shelf life

According to existing legislation, the act must be stored in the organization (its archives department, safe, etc.) for three years. This is the case if employees do not work in hazardous conditions.

Moreover, the official form of such a document is not fixed. In case of difficulties, you can contact the site’s on-duty lawyer for free advice.

Certificate of refusal to sign

Additional drafting rules

If the case is sent to court, the relevance of the document increases. The judge is very likely to take the side of the victim when doubts arise as to how appropriate the measure of discipline or dismissal of employees was.

Therefore, the more documentation there is, the better. She is able to confirm that any measures were taken in accordance with applicable laws. The deed of refusal is one of the important pieces of evidence.

Before issuing layoffs or penalties, employers should take care of the following issues:

The first step is to carefully study the memo from the person who heads the structural unit.
Next, they move on to drawing up a report describing what happened.
You cannot do without receiving an explanatory note from a subordinate regarding what happened.
Only at the next stage do they move on to drawing up the order itself. Familiarization with it by the employee himself under signature is also one of the mandatory requirements. A mark is placed on the document if the citizen is simply physically unable to complete the procedure.

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.

Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

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.

Arbitrage practice

It is mandatory to follow the procedure for dismissing an employee.
From the practice of the courts of first instance, we can conclude that they often make decisions on the illegality and untimeliness of providing an order to an employee for review. Accordingly, the organization may face an administrative fine. Sometimes problem employees ask for reinstatement and compensation. A won case provides such an opportunity. In some cases, the judge of the first instance does not support the plaintiff’s demands, and the second instance cancels this decision and satisfies the claim, recognizing the employee as illegally dismissed. As an example, we can cite the case from Krasnodar. The employee appealed to the court of general jurisdiction and asked to declare his dismissal illegal. He justified this by saying that the manager did not properly familiarize him with the order. The court did not satisfy the requirements. The employee appealed and won the case. The judges of the second instance found that there were violations of Art. 79 and part 1 of Art. 84.1. The first decision was overturned and the claims were satisfied.

In most cases, the court considers such cases if, in addition to the violation of the rules of familiarization with the order, there are others. In fact, the employee’s failure to timely familiarize himself with the manager’s decision is not a reason for illegal dismissal.

If the organization does everything according to the law, draws up a document, familiarizes it with the decision, puts a note in the order about dismissal or about the inability of the employee to sign the order, then there will be no claims from the court.
Termination of an employment contract occurs on the basis of an order from the manager. Before the last day of work, the subordinate must be familiarized with the document, preferably on the day of issue or in advance. If the employee looked at it but did not agree with the decision and refused to sign it, then a corresponding act is issued. The order is marked with a note that the employee refused to sign or was unable to do so due to absence from the workplace. The procedure must take place in the presence of three witnesses who sign the document.

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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.

conclusions

Several main conclusions can be drawn from the topic studied:

If the dismissed person fails to appear at the organization, a note is made on the order indicating the impossibility of familiarization on the day of payment due to his absence.
If the employee refuses to sign the order, a note of refusal is made in the order and a corresponding act of non-signing is additionally drawn up.
Signatures are not affixed by power of attorney, just as you cannot write a letter of resignation by power of attorney. Under such circumstances, the employee can always challenge the action of the trustee.
The act of refusal and non-signing does not have a special form. But it must contain mandatory items: data of both parties, the fact of refusal and signatures of all participating witnesses.
The act of refusal to sign does not tolerate errors, typos or corrections; this is fraught with consequences in court.
If the employee refuses to sign the act, a corresponding note is also made about this and the witnesses re-sign next to it.

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Drawing up after the fact of refusal

The “after” option assumes the following algorithm of actions (for clarity, we consider the case when the document is introduced (or handed over by a notification) to the HR inspector):

after receiving a refusal to sign, the inspector specifies who will act as witnesses (participate in the commission) in order to include information about them in the act;
the inspector draws up a report (you may have to return to your workplace and draw up a report using computer means);
the inspector reintroduces the order to the employee or tries to hand the employee a notice against signature, but in the presence of witnesses, and receives a repeated refusal to sign;
witnesses (commission members) affix their signatures to the act;
one copy of the act is given to the “refusenik”, the other remains with the inspector.

Question

Tell me how to correctly record the impossibility of familiarizing the employee with the order on the dismissal order in the following cases: 1). The employee wrote a letter of resignation of his own free will, was on sick leave on the day of dismissal, and did not withdraw the letter. 2) The employee is dismissed for a continuing violation - failure to perform official duties - a reprimand is issued, then a reprimand, continues to fail to perform - i.e. has not physically appeared at the workplace for a long time and has not performed job duties. 3) Similar to point 2, but the employee works in another city and is not physically in Moscow on the day of dismissal.

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.

Familiarization sheet with local regulations: how to compose correctly,

To adapt existing laws, enterprises must develop local regulations that take into account the peculiarities of the activities of each organization.

When starting a new job, employees must familiarize themselves with all internal regulations in force at the enterprise. There are several ways to reflect this fact.

The most popular is the sheet of familiarization with local regulations.

Why is it necessary to familiarize employees with local regulations?

The current rules establish the obligation of company management at the legislative level to familiarize its employees with the provisions of local documents.

This is primarily due to the fact that local acts of the company regulate the relationships between the parties to labor relations, establish rules and procedures that employees and the administration itself must comply with.

That is, those working in the company must know both their rights and responsibilities. Only after this can you demand something from them. For example, it is possible to bring an employee to disciplinary liability for violating labor discipline if he knew the labor regulations in force in the company. Moreover, the familiarization must be documented.

Attention! It is necessary to familiarize both all current employees of the company and newly hired employees with the adopted local regulations.

There are several options for this procedure. However, this is not reflected in any way at the legislative level. Therefore, the company has the right to independently choose how exactly it will bring the provisions of internal standards to the attention of its employees, and how the very fact of reading the standard will be recorded.

Ways to get acquainted

If the organization has local regulations, then each employee must be familiarized with them upon signature.

This can be done in one of the following ways:

Sign the document itself. To do this, on the last sheet of the document you need to provide a special table in which the employee, after the familiarization procedure, will enter personal data about himself. Such familiarization marks, as a rule, inspire the greatest confidence among inspection and control authorities, since this does not allow the administration to replace the document or unilaterally make any changes to it.
Separate employee familiarization sheet. It can either be created for each existing normative act, or it can be maintained as a general one, in which marks will be placed on all documents at once. One of the most important components of this sheet is the column with the date of review. Thanks to it, it will be possible to correlate the fact of familiarity with the document and its revision number. In practice, the employee’s signature must be taken whenever changes are made to the LNA.
Journal of familiarization with local acts. Its sheets must be numbered and stitched, entries must be made on each line without skipping blank ones. For each fact of familiarization, a separate record (line) must be compiled.
Include a clause in the employment contract stating that the employee has read all the documents at the time of hiring. This method can be used if the company does not maintain survey logs or questionnaires. When signing an agreement, the employee signs not only in the column indicating receipt of his copy, but also in a special column indicating familiarization with the documents. Judicial practice confirms this method of familiarization as legitimate.

A well-executed document is a guarantee of protection

availability of all details provided for by the state standard;
availability of comprehensive information about activated facts or events.

name of company;
name of the document type;
date of;
registration number;
place of compilation;
title to the text;
text;
signature. How to sign a document with an electronic signature - read here.

The header part can be designed longitudinally or angularly. In the first case, the entire width of the working area of the sheet is used for design, in the second - only the left half.

Step-by-step drawing up of the act

Step 1 – check before drawing up the act:

what local regulatory act is regulated (date, number, title);
who will be on the commission (last name, initials, exact job title);
details of the document that needs to be familiarized with signature (date, number, title);
surname, initials and position of the employee who needs to read the document and sign it. Here you will learn how to obtain an electronic signature for an individual.

Step 2 – draw up the title part of the act:

full name of the enterprise (as specified in the Charter);
title of the document in capital letters;
date and number of the act;
place of compilation (name of the locality, if it does not follow from the name of the enterprise);
title.

What is a power of attorney for the right to sign documents and how to draw it up correctly, you will learn in the article at the link.

Sample act of refusal to sign a notice.

Step 3 – complete the introductory part (make sure that the names of the commission members are in alphabetical order and that all data is presented without errors).

Step 4 – design the main part:

state in as much detail as possible the fact of familiarization with the document (by whom, when, at what time, where exactly, who, in the presence of whom, how they familiarized themselves with the document, indicate the date, number, type of document, title of the document);
reflect the fact of refusal to sign (who and why refused to sign);
indicate how many copies of the act have been issued and to whom each of them is intended;
complete the signatures of the chairman and members of the commission (make sure that all members of the commission sign).

Sample act of refusal to familiarize yourself with the act

The need to draw up an act of refusal by an employee to familiarize himself with an order does not arise every day. This situation primarily indicates difficult relationships in the team. Conflicts in the workplace come in many forms.

Despite the fact that the Labor Code describes many situations in detail, each collision of the interests of an employee with the requirements of production creates a unique event in its own way. 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.

Certificate of refusal to familiarize yourself with the order

Dismissal Please note that the act of refusing to sign the dismissal order does not play a special role.

The fact is that the employee cannot stop the process of severing the employment relationship by not signing his signature: in the event of dismissal, his direct consent is not necessary to initiate this.

If the employee does not sign the order on principle, then at the end of the order they put the note “Refused to sign.”

This concludes the employee's introduction. Act on refusal to sign in the order As was said, after the employee’s refusal, it is necessary to draw up an act on refusal to sign on 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.

How to draw up an act of refusal to familiarize yourself with an order

Pirogova/Clerk Silina/V.V. Silina / Consequences of refusal 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.

“Sample act of refusal to give a written explanation.”

Act of refusal to familiarize yourself with the order

She will have to prove that she is right, 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.

Important 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.

Act on refusal to familiarize with the order. sample

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.

In what situations is it formalized? There are cases when an employee wants to go to court to protect his rights.

If his main motivation is that he was not familiar with the order of the head of the company, then the act of refusing to familiarize himself with the order will be a compelling argument for the court to make a decision not in his favor.

There are also situations when an employee is physically unable to sign as a sign of agreement with any instructions. But this happens quite rarely. And in this case, references and notes about this fact are included in the text of the paper.

We formalize the employee’s refusal to familiarize himself with the act. The most common forms of local regulations that are related to the work activities of employees include regulations, rules, instructions, staffing tables, and vacation schedules. But you need to introduce the employee to more than just them. You need to obtain the employee’s signature, in particular, on documents such as:

order (instruction) of the employer on hiring (part 2 of article 68 of the Labor Code of the Russian Federation);
order (instruction) of the employer to terminate the employment contract (part 2 of article 84.1 of the Labor Code of the Russian Federation);
order (instruction) of the employer to apply a disciplinary sanction (Part 6 of Article 193 of the Labor Code of the Russian Federation).

The employee’s act of refusal to familiarize himself with the order or local regulatory act of the organization can be drawn up according to a single template developed by the organization independently.

Tax burden and profitability: The Federal Tax Service has updated inter-industry indicators The Tax Service has published updated information with which organizations and individual entrepreneurs can assess their tax risks.

In working relationships, it often happens that an employee does not agree with the decision of his superiors and refuses to sign the dismissal order or other documents drawn up by the commission. Then it is necessary to draw up an act of refusal to familiarize yourself with the order, a sample of which can be downloaded below. The document is needed to record the employee’s disagreement to accept the management’s resolution.

In order to draw it up, it is necessary to receive, at least verbally, the employee’s refusal, on the basis of which the act must be drawn up according to the sample. Such a measure is necessary to prevent a controversial situation, and when the case is brought to court, so that the advantage is on the side of the enterprise that has done everything possible in accordance with the law.

There are many reasons for dismissal, and one of them is absenteeism without explanation.

How to find out who owns a plot, unknown owner
Izhs land tax on land

Source: https://advokat-burilov.ru/akt-ob-otkaze-ot-oznakomleniya-s-aktom-obrazets/

Procedure for storing acts

Storing unnecessary documents risks overfilling the space allocated for this purpose. But premature destruction can result in much greater losses, including financial ones. Here we have to find a balance.

The list of standard archival documents does not contain a direct indication of how long to keep the act of refusal to sign. In terms of significance, an act of this type can be equated to acts on compliance with labor discipline and, accordingly, they should be stored for three years (Article 587 of the List).

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.