Refusal to sign a new version of the job description: what should a manager do? Actions of the employer if the employee has not signed the dismissal order - rules and deadlines for familiarization according to the Labor Code of the Russian Federation


It must be admitted that in the event of a dispute, judges and labor inspectors take the employee’s side much more often, because the employee is traditionally considered the “weaker”, insufficiently protected party labor relations. But, analyzing judicial practice, you can notice a steady trend: the number of court decisions in favor of employers is increasing every year.

There are two main reasons for this:

  1. employers have become better aware of and comply with labor legislation;
  2. employees began to abuse their rights, forcing the employer to make an illegal decision - in this case, the court takes the employer’s side.

Let's consider the first situation.

Situation No. 1. The employee refuses to sign the required document

In many cases Labor Code requires the employer to hand over documents to the employee (or introduce them to them) against signature. All orders, notifications and acts concerning the employee must bear his signature. It is from the date of familiarization with the notice that the countdown of the two-month period before the employee’s dismissal begins. The legality of dismissal for absenteeism depends on the signature of the employee in the absence from work report. Without a signature in the notice of request for written explanations, disciplinary action cannot be taken against the employee. And there are many such situations.

Employees, in turn, try in every way to obstruct the actions of the employer, refusing to sign the necessary documents. Such employees are confident that by not signing the document, they will force the employer to abandon its decision.

In fact, refusal to sign is not an obstacle; the Labor Code regulates this issue quite well. Article 193 of the Labor Code of the Russian Federation explains what an employer should do in this situation.

Actions to take if you refuse to sign

  1. In the presence of two or three other employees (does not of great importance, which ones exactly, but it is considered better than direct subordinates), you invite the employee to familiarize himself with the document and put his signature confirming the fact of familiarization.
  2. The employee refuses (orally), and you read the document out loud to him and draw up an act of refusal to sign. It is better to prepare the act in advance so as not to print it in the presence of the employee.
  3. When all the “witnesses” sign this act, the employee is also asked to put his signature and date in the line “I have read the act.”
  4. If the employee refuses to sign the act, then a note is made below: “The employee refused to familiarize himself with the act” and again all witnesses put their signatures.

The act might look like this, for example. . Please note that everything highlighted in italics in the example is filled in by hand:

  • registration number and date of drawing up the act,
  • postscript after refusal to sign.

Where are waiver certificates stored? Agree that it is more logical to store them together with the document that the employee refused to review. In our example, the employee refused to familiarize himself with all the documents that are filled out upon dismissal (order, personal card, work book). IN in this case I would file the act with the order.

What to do if the employee does not show up for inspection?

It is good to comply with the requirements of the Labor Code of the Russian Federation if the employee sits and waits patiently for the document to be read aloud to him and a refusal act to be drawn up. Usually the employee refuses to sign documents in conflict situation. And here, if a scythe is found on a stone, then the employee may not show up for inspection at all. What to do?

The Labor Code of the Russian Federation did not regulate this case. But personnel officers act similarly - only the act records the fact of an attempt to familiarize the employee with the necessary document, the actions of not only HR specialists, but also the employee himself are listed in detail.

In the next article we will look at what an employer should do if an employee does not pick up a work book upon dismissal.

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Is it necessary for an employee’s signature to be included in the personnel 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, imposition of disciplinary action, removal of alignment, etc.) a correctly activated failure 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 basis legal grounds, it may be regarded as a violation labor discipline and result in disciplinary action against the employee.

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Is the employee’s signature required on the order?

For example, an order to send an employee on a business trip or to introduce a part-time working regime, etc. Why are employees familiarized with orders? There are two main reasons: - the order regulates labor and other directly related relations with this employee, for example, the employee is hired or fired, he is reprimanded for violating labor discipline, he is transferred to another job, etc. Of course, he should know about this; the order contains an instruction for which this employee is appointed as the responsible executor. Example 1. Accountant Ivanova must recalculate the cash payments due to manager Komarov.


In this case, the order concerns labor relations with Komarov, but the executor is Ivanova.

What should a manager do if an employee refuses to sign an order?

Check employee salaries with the new minimum wage. From 05/01/2018, the federal minimum wage will be 11,163 rubles, which is 1,674 rubles more than now. This means that employers who pay their employees at the minimum wage must raise their wages from May 1.< … ИП и самозанятым гражданам предложат новый спецрежим Минфин ведет работу над проектом закона, которым для самозанятых граждан, а также ИП без работников будет введен новый специальный режим налогообложения (налог на профессиональный доход).


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Home → Accounting consultations → Labor discipline Updated: May 19, 2017 Often, employees who are dissatisfied with upcoming changes in the organization or with disciplinary sanctions imposed on them refuse to sign the order. In such cases, the employer must draw up a notice of refusal, observing the general requirements for this document.

Employee's signature on the order

During the inspection, the following violations were identified: - local regulations did not establish or approve the indexation procedure wages(in violation of Article 134 of the Labor Code of the Russian Federation); - the regulations on remuneration do not define the remuneration system in terms of establishing sizes tariff rates salaries/official salaries (in violation of Part 2 of Article 135 of the Labor Code of the Russian Federation); - the local regulatory act (instructions on the traveling nature of work) does not establish the amount of reimbursement of expenses associated with business trips of employees (in violation of Article 168.1 of the Labor Code of the Russian Federation); - on a copy employment contract one of the employees kept by the employer does not have a signature indicating that the employee received a copy of the employment contract in hand (in violation of Part 1 of Article 67 of the Labor Code of the Russian Federation). The employer tried to challenge this resolution, but the court recognized it as legal (see the Decision of the Moscow City Court dated 09.10.2015 in case No. 7-9383).See.

What are the dangers of errors in personnel records? (Larina S.)

Decision of the Moscow City Court dated September 18, 2015 N 7-9856/15, in which the decision of the State Tax Inspectorate on a fine of the employer (FSUE) of 30,000 rubles was recognized as legal. for the lack of a procedure and size of wage indexation in the LNA in connection with the increase in consumer prices for goods and services. If the employer is not a small enterprise, then for a repeated violation he will be fined at an increased rate. So, if he was previously punished for offenses under Part.


1 - 3 tbsp. 5.27 of the Code of Administrative Offenses of the Russian Federation, then: - the official may be disqualified for a period of 1 to 3 years; - and the organization will be fined in the amount of 100,000 to 200,000 rubles. Incentives for the “little ones” from the GIT So, we figured out that for violations in the field of personnel records management they can be fined under Parts 1 and 3 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

What are the consequences for an accountant for forging a signature on a leave order for an employee?

Does an employee have the right to refuse to sign an order? Article 21 of the Labor Code of the Russian Federation establishes the basic rights and obligations of employees. Among them, there is no obligation to sign all the employer’s orders with which the employee is introduced, much less agree with all his actions. Moreover, refusal to sign an order (close to it is refusal to familiarize yourself with this document) can sometimes be regarded by law as the employee’s self-defense of his rights (Art.
379

Attention

Labor Code of the Russian Federation). Some norms of the Labor Code of the Russian Federation stipulate what the employer should do if it is impossible to obtain the employee’s signature in reviewing the order. Yes, Art. 84.1 of the Labor Code of the Russian Federation provides that an employee’s refusal to sign a dismissal order cannot stop this procedure. In this case, a corresponding entry is made on the order (“Refused to sign”).


Article 193 of the Labor Code of the Russian Federation, in the event of such an employee’s refusal, establishes the need to draw up a report.

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

Ivanova would not be asked to sign for review on a paper order, but would simply be sent a scanned copy of the document for her review within the framework of the EDMS, which records the actions of users). In Art. 22 of the Labor Code of the Russian Federation, the employer’s responsibilities indicate that he must familiarize employees, against signature, with the adopted local regulations directly related to their labor activity. Of course, between the order and the local normative act you cannot put an equal sign, but this does not negate the fact that employees should know how their working conditions are changing. Another argument in favor of the fact that it is necessary to obtain the employee’s signature on other orders is that in the unified forms that were mandatory until 2013, it is necessary to familiarize the employee with the document.

Certificate of refusal to sign the order

It must contain the necessary details and meet certain requirements established by the said GOST. However, no strict form has been established for it. The act is drawn up on commission (by several persons) and consists of an introductory and main (stating) part. The introductory part contains the date, number, reference to the basis (order/instruction for which the employee does not want to sign); the composition of the commission is listed, indicating the full name (in alphabetical order, the chairman of the commission is indicated first) and the positions of the participating persons.
The main part of the act lists the established facts, conclusions and conclusions from them. The wording may look like this: “The commission found that employee such-and-such (full name, position) refused to sign in order to familiarize himself with such-and-such’s order.” Everything ends with the signatures of the commission members and information about the number of copies of the act and their location.

Recording the fact of refusal to sign an order or familiarize yourself with it There are two ways to document the fact of an employee’s refusal to familiarize themselves with an order or leave their signature indicating refusal, unless a specific norm of labor legislation provides for one option. In the first case, the entry is made on the order itself, which has already been discussed above; in the second, a full-fledged act is drawn up. There is no approved unified form of such an act, so it must be developed independently, taking into account the specifics of the organization.

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.

Signing for employees in an order poses a threat

Mailings are in progress information system notifications or scanned copies of a document, posting a copy of it on the notice board at the entrance, etc. What is the reason for this relaxation? The fact is that in order to apply fines under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, labor inspectors in their order must refer to a specific legal norm that was violated when the employee did not familiarize himself with the document for signature. If there is no such norm, then there will be nothing to fine for. However, this may allow the employee, if the order is not executed, to claim that no one assigned him anything, that he is seeing this document for the first time. Example 2. The law does not oblige the employee to familiarize himself with the order to send an employee on a business trip against his signature.

On this page:

  • In what cases are orders drawn up?
  • Why does the employee refuse to sign the order?
  • Does an employee have the right not to sign?
  • Drawing up an act of refusal
  • Rules for filling out the refusal act
  • Employer's procedure
  • Where to store the act
  • Consequences of signing

Various management decisions are confirmed by orders. Employees must be familiarized with the document upon signature. However, sometimes the employee refuses to sign. What should the employer do in this case? Let's look at it in this article.

Problem

Hello. Can an employee refuse to sign an absence from work report drawn up in relation to him if he doubts that the act is legally drawn up and has legal grounds?

And is it possible not to write anything at all in the act, but to get your own copy of the act in order to consult with a lawyer, and after the consultation, make the appropriate inscription?

Are there any developed forms of acts for enterprises, should there be mandatory details? If the act has only the line: I have read it, there are no other options, is this allowed, and if it is necessary to write that I do not agree with the act, but there is no such line, should I put a signature in the line I have read?

Solution

Hello!

The fact that you do not sign the Act will not change the situation, because... the employer will immediately draw up a Certificate of Refusal to sign the Certificate of Absence from Work.

And as for the Act, there are no special requirements for its preparation.

Act- a document drawn up to confirm established facts, events, actions. Acts are always drawn up collectively (at least two or three drafters).

Often acts are drawn up by a specially appointed or permanent commission.

The main thing in any act is to establish the actual state of affairs (circumstances) and their correct reflection in the act. The act is drawn up on the general form of the organization or on a special act form with a unified text. The required details of the act are: name of the organization, name of the type of document, place of preparation, title to the text, signatures, and, if necessary, an approval stamp.

In the case when the act is drawn up in the presence of the employee, he must be familiarized with this act against signature. If the employee refuses to familiarize himself with the act, the act must be read aloud to him in the presence of members of the commission, about which an entry should be made in the act with approximately the following content: “The employee refused to familiarize himself with this act, and therefore the act was read aloud to him in the presence of members commission." Next, the signatures of all members of the commission must be affixed.

For example, the Act may look like I am enclosing it for you, but this does not mean that it must look like that.

The Act is a document with which the employee needs to be familiarized, however, no one forbids you to write a claim under the Act either in the Act or in separate documents.

And yet, in some situations, the Act may not be drawn up in printed form, but written by hand, i.e. on a simple sheet of paper, but in the presence of witnesses, signed by the witnesses and the person (persons) who draw up this Act.

For example, an employee has committed a violation that urgently needs to be recorded, it is clear that in this situation there will be no commission, the Report will not be printed, everything is done immediately and at the employee’s workplace.

In general, there are no strict requirements for drawing up the Act.

And also, was there a fact of absence from work?!, if there was, then whether you sign the Act or not, it’s still absenteeism if there were no valid reasons for absence from work, and that means there are corresponding consequences for you up to and including dismissal for absenteeism.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees, Article 193 of the Labor Code of the Russian Federation.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.

In addition, if DV is announced, then you should be required to explanatory which can also always be written correctly.

Arbitrage practice:

1. An employee cannot be fired for absenteeism if he was not required to explain the reasons for his absence

Before dismissing an employee for reasons, he or she must explain in writing the reasons for his absence from work. If this rule is not observed, then the procedure for bringing to disciplinary liability violated and the dismissal is unlawful.

Document: Appeal Moscow City Court dated June 24, 2015 in case No. 33-21714

2. You can fire for absenteeism on the day when the employee refused to explain the reasons for absence

The employee has the right to indicate the reasons in writing within two working days from the date the employer provides these explanations. If the employee refuses to provide them, you can draw up a corresponding act and order on the same day to apply a penalty in the form of dismissal for absenteeism.

Document: Appeal Moscow City Court dated May 12, 2015 in case No. 33-14993/15

3. The employee did not receive a telegram demanding an explanation for absenteeism - you can still fire him

The reasons why the telegram and other notifications did not reach the employee did not depend on the employer. In this case it is considered that he accepted necessary measures for a written explanation. Dismissal for is recognized as legal.

Document: Appeal Supreme Court of the Republic of Tatarstan dated January 14, 2016 in case No. 33-572/2016

4. The act of refusal to explain absenteeism was drawn up after a telephone conversation - dismissal is illegal

It was not possible to confirm that the employee refused to explain the reasons for his absence from work. The act was signed by, among others, persons who telephone conversation did not participate. The court decided that the employer had failed to fulfill its duty to request a written explanation. The procedure for dismissal for absenteeism was violated.

Document: Appeal determination Rostovsky regional court dated May 30, 2016 in case No. 33-8952/2016

A must-write document- this is explanatory (Article 193 of the Labor Code of the Russian Federation). Before applying a disciplinary sanction, the employer must request a written explanation from the employee regarding the committed and identified misconduct, in which the employee will describe the situation - date, place, time, reasons, circumstances. When writing an explanatory note, the employee is recommended to answer the following questions:

1. Was there a violation?

2. What kind of fault does the employee have: intentional, careless, no fault of the employee?

3. What are the circumstances of the violation, its causes?

4. Are there any witnesses?

5. What is the employee’s attitude towards the violation?

6. What is the employee’s attitude towards further work?

By refusing to write an explanatory note, the employee only harms himself, because if after two working days (which are counted from the date following the day the demand was submitted), the employee has not provided the specified explanation, then a corresponding act is drawn up. An employee’s refusal to give an explanation cannot serve as an obstacle to applying disciplinary action, which is why an explanatory statement must be written.

Order (instruction) of the employer to apply a disciplinary sanction announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

After the order to impose a DV is issued, you have time to appeal this DV in court.

Don’t miss the deadline for going to court, Article 392 of the Labor Code of the Russian Federation

An employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights.

Maybe it’s worthwhile to find out here on the website what kind of absenteeism, reasons, etc.?

Your situation will depend not on whether there are any shortcomings in the Absence from Work Act, but whether the absence from work occurred, and the reasons why this absence was allowed.

The court will not be interested in the shortcomings in the Act, the main thing is that absenteeism was proven, and this is precisely absenteeism, which means that there were no valid reasons for being absent from the workplace.

And one more thing, you can challenge the DV within 3 months, but if the DV was in the form of dismissal for negative reasons, those. for absenteeism, then challenge other terms of dismissal.

Be sure to read the dismissal documents under the signature. The paperwork has the form of a document, and therefore, I emphasize that there is no verbal form of dismissal.

Refusal to familiarize yourself with the dismissal documents will not change the result - you will be fired. And the employer will make a corresponding entry on the dismissal order (Article 84.1 of the Labor Code of the Russian Federation). Then they will send to your address a certified copy of the dismissal order (Article 392 of the Labor Code of the Russian Federation), a notice of the need to appear for a work book or to agree to send it by mail.

From the date of sending the specified notice, the employer is released from liability for delay in issuing work book(Article 84.1 of the Labor Code of the Russian Federation).

And for everything there is a deadline, the deadline to appeal the reason for dismissal is within one month from the day the employee is given a copy of the dismissal order or from the day the work book is issued (Article 392 of the Labor Code of the Russian Federation).

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.

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 “ small man", offended by the corporation.

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:

  1. Procedure for granting vacations (all types).
  2. Dismissal of an employee (for any reason, including at his own request).
  3. Involving an employee in overtime work.
  4. Internal transfer to another workplace.
  5. External transfer to another employer.
  6. Any type of disciplinary action.
  7. Changes in internal regulations.
  8. 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.

Procedure is the mother of order

It’s not for nothing that people came up with ceremonies and rituals. There are in them 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.

Note to the employee

Signing the acknowledgment does not mean consent. By signing, the employee only confirms that he/she has read the content. If you disagree with the content, you can make a written note next to the signature. The management of the enterprise, within its competence, has the right to issue orders and require personnel to carry them out. Failure to comply with the requirements of a legal order is a violation of labor discipline, which may lead to termination of the employment contract.

If an employee does not sign for the review and then does not appear at the commission, he obviously puts himself at a disadvantage in the event of a hearing in court. Because even in this case the employer has a notification procedure. Ordered letter with an inventory of the attachments or the services of special couriers will provide management with proof that the employee received the notice. The very fact of evasion will be interpreted not in favor of the employee, as a person who deliberately complicated the procedure for resolving a labor dispute.

Any business requires legal culture and literacy. And you can always use the services of qualified legal experts. The best tactic to protect your rights is to carefully follow the law.

On this page:

  • In what cases are orders drawn up?
  • Why does the employee refuse to sign the order?
  • Does an employee have the right not to sign?
  • Drawing up an act of refusal
  • Rules for filling out the refusal act
  • Employer's procedure
  • Where to store the act
  • Consequences of signing

Various management decisions are confirmed by orders. Employees must be familiarized with the document upon signature. However, sometimes the employee refuses to sign. What should the employer do in this case? Let's look at it in this article.

What will happen to the employee if the employee does not sign the reprimand order?

Attention

In this case, a corresponding entry is made on the order (“Refused to sign”). Article 193 of the Labor Code of the Russian Federation, in the event of such an employee’s refusal, establishes the need to draw up a report.


Recording the fact of refusal to sign an order or familiarize yourself with it There are two ways to document the fact of an employee’s refusal to familiarize themselves with an order or leave their signature indicating refusal, unless a specific norm of labor legislation provides for one option. In the first case, the entry is made on the order itself, which has already been discussed above; in the second, a full-fledged act is drawn up.
There is no approved unified form of such an act, so it must be developed independently, taking into account the specifics of the organization. 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.

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

Important

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, the document must be marked with the following: “The employee refused to review the document.” 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 execution of the act must also be affixed by hand.


    Where to store the report It is recommended to file the drafted report with the order that the employee refused to sign.

    What should a manager do if an employee refuses to sign an order?

    In what case 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. Why does an employee refuse to sign an order? Refusal to sign is a sign of a conflict of interest between the employee and the employer. For example, an employee does not agree with the manager’s decision, and therefore tries to create obstacles. A similar situation is common when an employee is fired.

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    Certificate of refusal to sign the order

    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.
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    The son of moral fighter Elena Mizulina lives and works in a country with gay marriages. Bloggers and activists called on Nikolai Mizulin...
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    The Ministry of Finance intends to submit a proposal to the government to expand the experiment on taxation of the self-employed to include regions with high...
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