The act of refusing to sign a notice in connection with reduction (dismissal). In accordance with clause 2, part 1, art. 81 of the Labor Code of the Russian Federation, an employment contract can be terminated by the employer in the event of a reduction in the number or staff of employees of an organization or individual entrepreneur. Dismissal on the grounds provided for in paragraph 2 or 3 of the first part of Art. 81 of the Labor Code of the Russian Federation, is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health .
In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract (Part 3 of Article 81 of the Labor Code of the Russian Federation).
Certificate of refusal to sign (samples)
By virtue of Part 1 of Art. 394 of the Labor Code of the Russian Federation, if dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job by the body considering the individual labor dispute.
According to the meaning and significance of Part 3 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to offer the employee all vacant positions that correspond to the employee’s qualifications and lower ones. A vacant position is a vacant position that is in the staffing table, not occupied by anyone and not burdened with the rights of other persons, that is, an employment contract has not been concluded for it at the moment (including with an employee on parental leave, and with a part-time worker).
By virtue of Part 4 of Art. 64 of the Labor Code of the Russian Federation, the prohibition to refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer begins to apply from the day of dismissal from their previous place of work.
In conclusion, I want to say that my wife recently went through, and to this day, this situation with the change of owner and the reorganization of the enterprise where she worked has not been fully resolved. If this helps you, then look at the case materials about how Moskovskaya abandoned a woman on maternity leave and disappeared.
View other legal acts...
Can an employee refuse to sign a notice of upcoming layoff?
So, let's try to figure out the main reasons why an employee may refuse to sign a notice:
A banal desire to “annoy” the employer. Of course, the employee understands that even in this situation the employer will find a way out and fire him anyway, but in revenge he finally wants to fray the nerves of his former employer.- The notice contains errors and irregularities. This reason is more weighty, and the employee has every right not to sign an incorrectly drawn up document.
IMPORTANT. Particular attention should be paid to the availability of the date of dismissal, all details, vacant positions that should be offered in return, and a reference to the Reduction Order on the basis of which this notice was drawn up is required.
Act of refusal to sign a notice of job reduction
Act of refusal to sign a notice of job reduction ___________________________________________ (name of institution)
Moscow September 11, 2014
We, the undersigned, have drawn up this act of refusal to sign that in connection with the implementation of measures to release workers related to the reduction in the number of employees of ____ (name of institution)_____, and in accordance with current legislation, the administration of __(name of institution)__ has personally warned for two months __(position, full name)_ about her (his) upcoming dismissal by presenting her (him) against receipt _(date of presentation)_ notice of this. _(Full name)_ refused (refused) to sign the notification and receive it in hand.
Signatures of those who compiled the act: _____________________ _____________________
Here is another act of refusal to sign due to a reduction in staff. View other sample acts...
If an employee refuses to sign a notice of layoff...
If an employee refuses to sign a layoff notice, then let him not sign.
Legally this no longer matters.
The employer should not immediately be so hostile to this - it is much better to ask personally about the reasons that prompted this.
And they may not be hidden in a harmful nature, but in other nuances - for example, the employer did not offer the citizen to stay at work in another vacancy, the opinion of the trade union was not taken into account, and it is generally unclear how the employee got on this list. He has the right to ask his boss about all these reasons and receive a comprehensive answer.
It is quite possible that this person is not subject to reduction . This may be the case if it falls into the following categories:
- pregnant workers;
- on maternity leave;
- combatants;
- sole breadwinners in the household;
- having two or more dependent people.
In this case, the citizen can not only not sign, but contact the labor inspectorate, prosecutor’s office or court - and they will oblige the employer to reinstate them in their position.
Meanwhile, if everything complies with the law and the notified person has not signed the paper within two working days, you need to move on to the next step - drawing up an act . It will then need to be filed in the employee’s personal file.
Important : it is better to request written explanations for refusing to sign a notice of layoff.
OptimalSolutionGroup legal bureau
Forms and sample documents / Notification / The document belongs to the “Notification” group. We recommend that you save the link to this page in your social profile or download the file in a format convenient for you.
Download a sample document “Act on the employee’s refusal to sign the notice” in .DOC /.DOCX / .PDF / .RTF ACT N on the employee’s refusal to sign the notice. » »
By this act we certify that at (time and place of drawing up the act) our presence informed the employee (position, full name (position, profession, with notification from » » N department, full name of the employee) O . refused to sign (indicate the contents of the notice) (full name)
employee) specified notice. The contents of this act are confirmed by personal signatures: 1. . (position)(signature)(signature description) 2. . (position)(signature)(signature description) 3. .
However, if the employer has a developed and approved sample document, then the act must be done in accordance with it. At the same time, it is good if the condition on the form of the act is indicated in the regulatory documents of the organization.
Features and nuances of the design of the form The design of the act, just like its format, completely depends on the compiler: this means that he can make the act on a simple sheet of paper or on a form with the company logo and details of the enterprise. The act can be written by hand or typed on a computer, although in the second case it will need to be printed.
ACT N on the employee’s refusal to sign the notice. » » This act certifies that at (time and place of drawing up the act) our presence familiarized the employee (position, full name) (position, profession) with the notice from » » N department, full name of employee) o.
refused to sign (indicate the contents of the notice) (full name)
employee) specified notice. The contents of this act are confirmed by personal signatures: 1. . (position)(signature)(signature description) 2. . (position)(signature)(signature description) 3. . (position)(signature)(signature description)
This act is made up of: . (position)(signature)(signature transcript) Save this document now. It will come in handy. You found what you were looking for? * By clicking on one of these buttons, you help form a rating of the usefulness of documents.
Raa Law
: Certificate of refusal to sign (14.0 KiB, 7,845 hits) Example of a certificate of refusal to sign Limited Liability Company "Nikaom" TIN 5876168466 OGRN 68749684684798, legal. address: 660015, Krasnoyarsk, st. Sverdlova, 49, off.
807 Act on refusal to sign November 17, 2021 city of Krasnoyarsk Time for drawing up the act: 09 hours. 35 min.
(local time) By me, the head of the personnel department of the Limited Liability Company "Nikaom" Dmitry Nikolaevich Stepashin, in the presence of the head of the advertising department of the Company, Veronika Stepanovna Chernyshkova and a specialist from the marketing department, Igor Vitalievich Kharlamov, has drawn up this act stating that: November 17, 2021, leading specialist advertising department on the premises of the Company at the address: Krasnoyarsk, st. Sverdlova, 49, off. 809, refused to sign order No. 48 l/s dated November 16, 2017.
Drawing up an act of refusal to sign a notice of layoff: sample 2018
In such cases, it is permissible to send the notice to him through regular mail by registered mail with return receipt requested, in which the employee must also sign his autograph (thus, this method ensures that the notification reaches him).
Another way is to transfer the document to the addressee’s place of residence through a representative, but this is only permissible if the condition is met that he has a power of attorney certified by a notary office.
How to document a refusal to sign a notice If an employee of an organization does not want, for some of his own reasons, to sign the notice given to him, then a special act must be drawn up about this.
In this case, if possible, you should first try to read the notice out loud to him, and only then start creating the act. The act must document the fact of refusal itself, as well as its reason (if the employee expresses it).
Certificate of refusal to sign in the notification sample
Notification procedure
Notifications must be drawn up in writing and delivered within the specified period to the addressee against signature.
You can send a notification in different ways. The simplest and most accessible: give it personally from hand to hand to an employee. But this is not always possible (for example, an employee of an enterprise may be on sick leave, on vacation or on a business trip). In such cases, it is permissible to send the notice to him through regular mail by registered mail with return receipt requested, in which the employee must also sign his autograph (thus, this method ensures that the notification reaches him). Another way is to transfer the document to the addressee’s place of residence through a representative, but this is only permissible if the condition is met that he has a power of attorney certified by a notary office.
Notification to employees
Notification of the employee about the upcoming termination of the employment contract due to layoffs must be made in writing (Part 2 of Article 180 of the Labor Code of the Russian Federation). The notification is drawn up in any form. However, the notification must contain a column for the employee to sign for familiarization (in order to fulfill the requirements of Part 2 of Article 180 of the Labor Code of the Russian Federation).
The notification must include:
- FULL NAME. and the position of the employee to whom you are addressing the notice;
- the reason for the employee's dismissal;
- details of the reduction order;
- invitation to the employee to submit documents confirming the presence of contraindications to certain work. This will allow you to fulfill the requirements of Part 3 of Art. 81 Labor Code of the Russian Federation when
- job offers;
- proposal to the employee to agree to early termination of the employment contract (taking into account the established procedure).
Conditions of notification and methods of serving a document
The main condition that must be met when sending a notice is that the employee familiarizes himself with it no later than 2 months before the set date of layoff. In this case, it is very important to notify each employee personally and ensure that he signs the document.
Another important condition is the mandatory preparation of such a document in writing with all the necessary data.
To date, the legislation does not contain any special requirements regarding the form and method in which this notification should be conveyed to the employee.
Thus, the employer can independently choose the method of delivering this document to the employee. So, let's look at possible ways to send notice of a layoff:
- Hand it personally to the employee.
Sending by registered mail. In this case, the person’s signature on the certificate of receipt of the letter will act as proof that he was informed in a timely manner of the upcoming dismissal.- You can use courier delivery of the notification. The employee will be required to sign the courier's receipt indicating that they have received the letter.
Only if there are supporting documents is it considered that the employee is informed about the layoff. Additionally, it should be noted that if the employee is in the hospital or at home, the employer can send several people to him with notice of dismissal.
REFERENCE. You cannot fire a person who is on sick leave or on vacation, but you can notify them of the layoff.
