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

Rules for familiarizing yourself with the document

Labor legislation obliges the employer to familiarize himself with the dismissal order. There is no set time frame for this procedure.

The manager must be prepared for the fact that the employee refuses to sign this document. In this case, there is a basis for drawing up an act of refusal to sign the dismissal order (download a sample here) . This is done in the presence of several witnesses.

There are situations when an employee is absentee and is not at work. In this case, the employer also draws up a document and carries out the following actions:

He notifies you of his decision by telephone (contact details must be in your personal file) and asks you to come to the office.
Without reaching the subordinate, the order is sent by registered mail with notification. The shipping receipt must be kept.
Absence from the workplace gives the employer the right to draw up a document stating that it is impossible to familiarize the employee with the order to dismiss. A sample act is taken as in the first case.

This procedure includes several points. The employer cannot ignore the implementation of any of them. It is mandatory to make a note on the dismissal order indicating the impossibility of familiarizing the employee with the order. Signed by witnesses and manager.

Such actions will help the organization protect its interests in the event that an employee tries to challenge their actions and be reinstated in the workplace.

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

It is mandatory to make a note on the dismissal order indicating the impossibility of familiarizing the employee with the order. Signed by witnesses and manager.

Such actions will help the organization protect its interests in the event that an employee tries to challenge their actions and be reinstated in the workplace.

A document of this format is not an ordinary event and indicates that there are misunderstandings with a subordinate. The act is drawn up by an employee of the HR department and must contain:

Full and abbreviated name of the organization.
Document number and title. The reason why the act is drawn up, the date of the order and the number are written down.
The city is written on the left side, and the date of compilation is written on the right.
The general part indicates the witnesses and who drew up the act.

Important

Although there is no requirement for such an act to be mandatory.

Make a note stating that it is not possible to familiarize the employee with the order, as required by Part 2 of Art. 84 Labor Code of the Russian Federation.
REFERENCE: example of an entry: “It is impossible to familiarize the employee with this order due to his absence.” As we can see, the dismissal procedure includes several stages.

Preparation of documents in connection with the death of an employee

If an employee refuses to sign a dismissal order, the employer must draw up a statement of refusal to review it and put a corresponding mark on the order itself.

It is advisable to draw up the act in the presence of several employees, who will subsequently be able to act as witnesses in court when appealing the dismissal.

At the same time, Art.

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Drawing up an act

A document of this format is not an ordinary event and indicates that there are misunderstandings with a subordinate. The act is drawn up by an employee of the HR department and must contain:

Full and abbreviated name of the organization.
Document number and title. The reason why the act is drawn up, the date of the order and the number are written down.
The city is written on the left side, and the date of compilation is written on the right.
The general part indicates the witnesses and who drew up the act. It is stated that the employee refused to familiarize himself with the order, the date of this action and at what time it occurred is indicated.
The signatures of the commission members are affixed.

This is a simple option for drawing up a document.
It is also necessary to leave a few blank lines for the employee to explain his action. If he did not write them down, then a dash is added. You can enter those statements that he made orally. The time period for familiarization with the order is mandatory. The dates for drawing up the documents are also carefully recorded. If an employee goes to court, these points will help the employer defend the correctness of his actions.

When reviewing and drawing up the act, witnesses must be present and leave their signatures on the document . There must be at least three people. If in this case the employee refuses to sign the document, a note is made to this effect. There is no need to draw up a new act in this regard.

Dismissal at the initiative of the employer must be confirmed in writing . For example, a subordinate is systematically late or does not show up at work. At the first stage, a report is drawn up and a truancy report is filled out. The employer is obliged to demand from the employee an explanation for this action in writing. If the employee refuses to explain, there must also be written confirmation of this fact. Only after this a decision on dismissal is made.

If the employee disagrees with the document and refuses to sign, a report is issued. An employer has the right not only to dismiss a subordinate, but also to impose disciplinary liability. For example, not paying a bonus. The act states how long the employee did not show up for work.

Documents in the name of a dismissed employee are stored in the organization for 3 years.

Act on the impossibility of familiarizing the employee with the dismissal order

Relations formalized by an agreement under the Labor Code of the Russian Federation between an employee and an employer are terminated according to the rules specified in the legislation.
An employee can resign at his own request or at the initiative of the organization. In each case, an order is drawn up. is brought to the attention of the employee, where he puts his signature.

If this does not happen, then an act is issued stating that it is impossible to familiarize the employee with the dismissal order.

Rules for familiarizing yourself with the document

Labor legislation obliges the employer to familiarize himself with the dismissal order. There is no set time frame for this procedure.

There are situations when an employee is absentee and is not at work. In this case, the employer also draws up a document and carries out the following actions:

He notifies you of his decision by telephone (contact details must be in your personal file) and asks you to come to the office.
Without reaching the subordinate, the order is sent by registered mail with notification. The shipping receipt must be kept.
Absence from the workplace gives the employer the right to draw up a document stating that it is impossible to familiarize the employee with the order to dismiss. A sample act is taken as in the first case.

This procedure includes several points. The employer cannot ignore the implementation of any of them. It is mandatory to make a note on the dismissal order indicating the impossibility of familiarizing the employee with the order. Signed by witnesses and manager.

Such actions will help the organization protect its interests in the event that an employee tries to challenge their actions and be reinstated in the workplace.

Drawing up an act

A document of this format is not an ordinary event and indicates that there are misunderstandings with a subordinate. The act is drawn up by an employee of the HR department and must contain:

Full and abbreviated name of the organization.
Document number and title. The reason why the act is drawn up, the date of the order and the number are written down.
The city is written on the left side, and the date of compilation is written on the right.
The general part indicates the witnesses and who drew up the act. It is stated that the employee refused to familiarize himself with the order, the date of this action and at what time it occurred is indicated.
The signatures of the commission members are affixed.

The time period for familiarization with the order is mandatory. The dates for drawing up the documents are also carefully recorded. If an employee goes to court, these points will help the employer defend the correctness of his actions.

Dismissal at the initiative of the employer must be confirmed in writing . For example, a subordinate is systematically late or does not show up at work.

At the first stage, a report is drawn up and a truancy report is filled out. The employer is obliged to demand from the employee an explanation for this action in writing.

If the employee refuses to explain, there must also be written confirmation of this fact. Only after this a decision on dismissal is made.

Documents in the name of a dismissed employee are stored in the organization for 3 years.

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 ch.

1 tbsp. 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.

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.

Source: https://trud.help/docs/akt-o-nevozmozhnosti-oznakomit/

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.

Mandatory details of the acquaintance certificate

An act is prepared on the official letterhead of the organization (for legal entities and individual entrepreneurs). The document must contain the date, place and time of preparation, information about the person who drew up the act, name, details and a summary of the information with which the citizen is familiar. Well, actually recording the fact of familiarization with the information and the signatures of those present.

The act of familiarization, depending on the purpose of its preparation, is attached to the case materials and can become evidence in a civil case when filing a claim in court.

How to organize an introduction

The employee must familiarize himself with some documents and be sure to sign for them. This is problematic if the organization employs several thousand of them, and some, for example, work remotely. Difficulties arise due to the following factors:

volume of documentation;
the need for remote employees to sign;
organizing guaranteed signing and compliance with its deadlines.

IMPORTANT!

For certain types of documents, a period has been established during which the employee must be informed of a disciplinary sanction against signature, for example, three days (Article 193 of the Labor Code). If the deadline has not been set, there is no point in delaying it either - this is proven by judicial practice.

This process is optimized with the help of modern technologies - ECM systems (enterprise content management systems) are used. They make the work of a clerk or HR specialist easier:

notify employees of the need to come and read the document and sign the sheet;
allow you to preview the electronic version at your workplace.

IMPORTANT!

Remote employees are sent documents for signature by mail. In some cases, a qualified electronic signature (QES) is used. Labor legislation allows the use of CEP for remote personnel, except for those employees and types of documents where this is not permitted (prohibited).

There are LNAs for which the law does not have an explicit requirement for a personal signature (regulations on business trips, the amount of daily allowance paid, etc.). In this case, the employer organizes familiarization in electronic form as a task to read the document. The solution to the task is confirmed by clicking the “Done” button.

The progress of familiarization by a large number of employees is monitored through a “single entry point” - a task of the ECM system. If necessary, a sheet is generated as a report. The report form will reflect:

Title of the document;
FULL NAME. employees;
date and time of review.

Separate sheet

The purpose of drawing up a sheet with the issued administrative document and instructions:

record the fact of receipt by the contractor;
accepting it for execution taking into account deadlines.

Some rules for the document:

drawn up in conjunction with an already issued administrative document;
signed by the employee who carries out the procedure.

The form is approved by the organization independently:

may be part of office management instructions;
as part of an issued administrative document;
used as one of the forms of reports generated in the EDMS.

ConsultantPlus experts examined what methods and procedures exist for employees to familiarize themselves with documents. Use these instructions for free.