The employee refuses to leave. Opinion of a lawyer and Rostrud 14.08.2018

According to the schedule, the employee must go on annual paid leave from August 15. Moreover, the vacation is “combined”: the rest of the vacation for the last working year and the vacation for the current working year. The employee said that he uses only the rest of the vacation for the last working year and 7 days for the current one (28 days in total), and he does not need more. There is no need at all, he does not want to rest, he has nothing to do at home, he is bored. The order has been issued for all days of vacation, but the employee has not yet signed it, offering to redo it. What can be done in this situation?

As a general rule, an employee must take 28 days off for each working year. Moreover, the vacation is set by the vacation schedule and there are no grounds for postponing it (as follows from the question).

According to Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually.

According to Art. 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted is determined annually in accordance with the vacation schedule, which is mandatory for both the employer and the employee .

If the vacation for the last working year was more than 28 days, then you can consider replacing part of last year's vacation with monetary compensation. In this case, the rules of Art. 126 of the Labor Code of the Russian Federation:

“A part of the annual paid leave exceeding 28 calendar days , upon a written application of the employee, can be replaced by monetary compensation.

When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation.

It is not allowed to replace with monetary compensation the annual basic paid leave and annual additional paid leaves for pregnant women and employees under the age of eighteen years, as well as the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, for work in appropriate conditions. (with the exception of payment of monetary compensation for unused vacation upon dismissal, as well as cases established by this Code).

If the employee does not yet need leave for the current working year in its entirety, then the parties can use the norms of Art. 125 and 124 of the Labor Code of the Russian Federation - divide this vacation into parts and transfer one part to another time. Of course, strictly in accordance with the requirements of the law.

If the employer follows the lead of the employee and does not provide him with leave, then in the event of an inspection by the State Labor Inspectorate, a fine is possible.

If the employee refuses to sign the vacation order, draw up an act about this. The act is certified by the signatures of the persons present at the refusal.

Position of Rostrud

"... The employer is obliged to provide leave to the employee according to the vacation schedule, regardless of the employee's refusal to leave ..."

(Information portal of Rostrud, October 2017, Online inspection.rf).

Subscribers of the magazine "Practitioner-Practitioner" also have access to:

Even the smallest fine of the State Labor Inspectorate is much more expensive than a good reference book "State Labor Inspectorate on the doorstep: we put things in order in personnel records management" (electronic version) The book will help you quickly check compliance with the law in different areas of personnel work and restore order. By sections (hiring, transfers, vacations, etc.) it is told "as it should be", what errors occur, what to check, how to fix.

• 
 How the Deputy General Director of the Orgprom group of companies copes with employee burnout
• What to do if an employee refuses to work
• 
 How to shake up a subordinate who has stopped devoting enough time and attention to work 

• What does the General Director of the LiveInternet portal do if a programmer’s productivity drops sharply due to another love
• 
 What to do if an employee feels undervalued 




Any leader has situations when responsible and executive employees seem to have been replaced. They came to work on time, regularly performed their duties and sometimes gave rise to bonuses. And suddenly everything changed: lateness, a wave of mistakes, conflicts with colleagues, missed deadlines. This is the real emotional burnout of employees . What to do if an employee refuses to work? We offer our recipes. It's up to you to decide which one is right for your business.

How to deal with employee burnout and set them up for work

Roman Partin, Deputy General Director, Orgprom group of companies, Yekaterinburg


The best workers are enterprising employees. They are full of new ideas, they are ready to work hard and take responsibility. But they are also the most dangerous - sooner or later they decide to work for themselves. At best, they will simply leave and create their own business, at worst, they will take your information, a pool of customers and become competitors.

If you are already a subscriber of the General Director magazine, read the article

I don’t pretend that nothing is happening: turning a blind eye to changes in the behavior of the staff will only aggravate the situation, and employee burnout can be bad for the business.

It is necessary to identify the main cause in the early stages - without waiting for the situation to resolve itself. For example, an employee's fatigue (and, as a result, the poor quality of his work) may be associated with a child's illness or lack of sleep. And sometimes, the reason is that he has been working for wear and tear for a long time and does not have time to restore strength. Sometimes it is enough to ask a direct question to find out about the problem. 


I do not draw conclusions in a bad mood or in a state of stress. For example, you decide to entrust an employee with additional tasks: deadlines are running out, much has not been done, there are no resources. And the employee objects, and perhaps aggressively. At such a tense moment for everyone, it is important not to lose sight of the state of the subordinate: a new task may indeed be overwhelming for him now. 


How to help an employee deal with burnout

I'll tell you with an example. One of my subordinates, a young man, held the position of a leading specialist in the development department (he developed investment projects, prepared technical justifications, calculated economic parameters). He was an executive, independent and positively minded employee. But one day they changed him: he began to be constantly late for work, come unshaven and somehow rumpled, break deadlines, limit himself to formal replies. Here is what I did to fix the problem. 


1. Found out the reasons. Before talking to an employee, I decided to find out what had changed in his life and work. People are more willing to share problems with colleagues than with leaders. I had a hunch: the worker had recently had his first child. But it was somehow difficult to imagine that this event would unsettle a person so much. After talking with his colleagues, I got a picture: a small child, a wife on maternity leave, a rented apartment, along with work - study (paid), lack of outside help. The burden of responsibility provoked stress. 

2. Found a suitable solution. It became clear to me what the young man’s head was busy with: thoughts of how to feed his family, pay for an apartment and study, etc. The fear of losing a job led to a fear of making a mistake and losing a bonus, which is why it often forced me to distort the facts. The task of the manager in this situation is to help the employee cope with fears regarding the financial side of life, for example, to give him the opportunity to earn more. According to the well-known Parkinson's law, work takes up all the time allotted for it. In other words, it is almost always possible to compact the schedule and do not be afraid of overloads. In our company, there was a vacancy for an engineer in the department of capital construction. The job did not require full-time work, we usually invited a retired employee from time to time. I decided to offer these part-time jobs to my subordinate in addition to his main job and asked the female half of the team to support him emotionally: women can, if they want, create the right atmosphere in the team and cheer up a colleague, besides, they are mothers themselves and perfectly imagine the difficulties, with faced by young parents. 

3. Talked to an employee. We had a fairly open and trusting relationship, so we were able to calmly discuss the situation. I said that I was worried about what was happening, but I did not doubt the competence of the employee. He added that I know from my own experience how radically life changes after the birth of a child, and asked how he and his wife cope. In response, the young man frankly spoke about all the difficulties: he has to work and study, he needs to support his family and help his wife with a small child. So I offered him an extra part-time job .

My intervention convinced the employee of the stability of his financial situation and provided emotional support (given our good relationship). 


I note that this became possible thanks to the democratic style of management adopted in the company: employees were not afraid to contact me with personal questions. Before that, I worked in an authoritarian-run company and I know that such a method would not be effective there. 



• Non-material motivation of personnel - system, methods, examples

> ;

Alternative view: there is no place for personal problems at work 



In 1976, Fleetwood Mac keyboardist Christina McVie divorced bassist John McVie, singer Stevie Nicks divorced longtime guitarist Lindsey Buckingham, and drummer Mick Fleetwood divorced his wife, Jenny Boyd. Despite personal problems, the musicians did not abandon their business and were able to record their most successful album, Rumors. The ability to work in spite of life's difficulties and desires - this is called professionalism. Tell this to the next subordinate who does not want to leave personal problems at home. 



If an employee refuses to work, you need to shake the person

Arsen Ponomarev, General Director and co-owner of the NovaTor express hypermarket chain, Omsk


The question is not in the life difficulties themselves, but in the fact that they begin to interfere with work. We all have families, children, hobbies, problems. You need to be able to draw a line between personal life and work. Unfortunately, for many employees, this boundary is blurred, and then difficulties arise: the employee can no longer be counted on, he constantly thinks about personal matters, and his performance drops.

I see three possible ways to deal with such situations (see also: Most common employee personal problems).

1. Protect a person. In other words, teach him to live correctly. However, even if he overcomes the problem with your help, he will become dependent on you - and you will begin to feel that you are fully responsible for him. Such an employee can no longer be painlessly dismissed if necessary. That's why I don't like this solution. 

2. Breake down. In many cases, I choose to quit. For example, I recently broke up with an employee with whom I worked for eight years. Unfortunately, due to a pile of personal problems, she completely abandoned the case and ignored my comments. I paid her all the due compensation, and the dismissal went peacefully. I have not accepted anyone in her place yet, deciding to wait a few months - perhaps she will cope with herself. Then I'll gladly take it back. 

3. Shake the worker (the most effective method ). This can be done in different ways: without warning, transfer to another front of work, start making more stringent demands. The employee will react: for example, he will come with a letter of resignation, say that he cannot cope. This is exactly what I expect: a person will want to speak out and give me a lead for a conversation. Only then will I be able to find out what is wrong in his life, why it affects his work and how to correct the situation. There have been similar cases in my practice, and I was able to pull a person out of a crisis with such a shake. Usually this helps him get rid of the feeling of an oppressive problem, treat work as a fulcrum, regain self-confidence. Then personal problems will gradually be solved.

Most common personal problems

1. Alcoholism. Consequences: the employee loses control over his life, he cannot be trusted; absenteeism and theft are not excluded. 

2. Smoking. Consequences: a lot of working time is spent on smoke breaks and chatter; the risk that such employees will get sick more often.
3. Addiction. Consequences: in addition to the obvious health problems, absenteeism and theft. A subspecies of this problem is gambling. For health, it may not be so harmful, but for labor discipline and productivity it is disastrous.
4. Jealousy. Consequences: working time is spent on emotional clarification of relations with the husband (wife), which distracts colleagues and creates a tense atmosphere in the team.
5. Intrigue and gossip. Consequences: unhealthy atmosphere, sitting up, playing people off.
6. Attitude to work, as in the Soviet office. In this case, the main thing for employees is to check in at the checkpoint in the morning. And then you can go about your business all day or chat with colleagues. Consequences: decreased productivity, unhealthy work environment.
7. Inability to plan expenses. Consequences: a person gets entangled in debts, loans, etc., complains about life and criticizes the authorities for a small salary (although the complainant's colleagues live quietly on the same salary and do not make debts).
8. Health problems caused by a person's lifestyle. Consequences: payment for sick leave, the need to shift the work of the patient to his colleagues.
9. Overeating, obesity. Consequences: frequent sick leave, as well as an irresponsible attitude to their duties (if a person has given up on himself, let alone work).
10. Any form of fanaticism (regarding religion, sports, diets, vegetarianism, etc.). Consequences: Unconstructive relationships with colleagues who do not share the fanatic's passions.
11. Despondency. Consequences: pessimists and whiners will not bring anything good to the company - they will fail any tasks and infect others with a negative attitude. 

12. Excessive attachment to numerous relatives. Consequences: work is idle due to constant conversations with loved ones and the provision of various assistance to them. 

13. Fussiness. Such people perform many frantic and completely useless actions - all in order to complete the simplest task. Consequences: eternal fatigue and failure to meet deadlines for completing work tasks.

Ready to work as a psychotherapist for key employees

German Klimenko, Owner and General Director of the LiveInternet portal, Moscow


When it comes to depression or other difficulties in the lives of my deputies or key specialists, I am ready to give any concessions and discounts, mess with employees, delve into all problems - in general, work as a psychotherapist.

For example, there was such a story. One of the key programmers came to me and said that he wanted to quit and go to live in the countryside. Moreover, the desire to put an end to it, sign off on the application for most of his life and start a new one was very strong for him. I suggested another option: do not tell anyone about the dismissal, do not write applications yet, but simply go on unpaid leave for three months. Decision to be made upon return. The programmer agreed and returned three months later to continue his work. It turned out that he was just tired, he needed a “reboot”. In addition, long work in one company gave rise to a feeling of underestimation - it seemed to him that the grass was greener in other glades . During his vacation, he worked for other clients as a freelancer and realized that he was appreciated in my company. Result: I retained an excellent specialist, and even showed how important he is to me, without raising his salary.

Of course, such stories do not happen suddenly. Therefore, when I am in the office, I talk with key employees in order to notice any changes in their behavior in time. I don't know of any other method. Since in the described case I acted as usual, I was mentally prepared for a conversation with a programmer who wanted to leave for the village, and I already had outlines of a solution.

There are also special situations in which I do nothing, but just wait until everything is over. Let me explain: when programmers fall in love, their productivity plummets, they miss deadlines. But it won't last long, you just have to be patient.

• Job satisfaction: practical advice on how to work with pleasure

Employee burnout : what to do if an employee considers himself undervalued

The quality of work usually falls either due to personal problems or because of a feeling of underestimation. If an employee works well, and the manager does not celebrate his success (and in this case material reward does not play a decisive role), then sooner or later the unsatisfied need for recognition will lead to the fact that a good specialist will start making mistakes.

If nothing indicates that an employee has problems in his personal life, the reason for his changed attitude to work is probably a feeling of underestimation. Invite the employee to talk and try not to disregard such phrases: “But he does nothing”, “I work until night”, “One task more, one less - the ridge will not break”, “It happened”, “What's wrong ?”, “Everyone messes up, but am I red-haired?”, “Doing well is bad, doing bad is also bad.” Pay attention to how your interlocutor keeps - to an ironic smile, increased causticity. Once you spot these signs, ask yourself if you give equal attention to conscientious employees and lazy ones, if you have a habit of giving thanks for successes, or if you only scold for failures. Start saying thank you to subordinates every time they did a good job, even an ordinary task. Another inexpensive but effective way to deal with employee burnout is to invite ambitious employees to share their experiences with colleagues. You can appoint them as mentors for newcomers, responsible for small independent projects, or simply invite them to speak to colleagues, talking about the secrets of performing some job duties.

Method of "small events"

Nikolai Novoselov, Director of ArtNauka, Moscow

The first time I experienced employee burnout was in September 2015. Within two months we integrated CRM, created new departments, changed the quality control system. However, despite all efforts, the customer base has not grown. It didn't come as a surprise to me. I viewed the situation as a preparation for scaling and did not count on a momentary effect. The team, having not received an instant return, began to “go out”. The question arose of how to shake people up and not lose valuable personnel. HR managers advised replacing "tired" colleagues. However, we preferred the “small events” method – small office activities. We started having themed days.

"Respect Day" The idea is simple: employees address each other exclusively by their first and middle names. This had an inspiring effect on the staff, because such treatment is a sign of respect.

Classic Day. The next thematic day was dedicated to classical music. Employees drank champagne and listened to the works of famous composers.

"Day of Rock" Two weeks after the "day of the classics" they held a "harder" event. At the end of the working day, we drank beer and listened to AC / DC.

"Day of Office Silence". I know from experience that when leaders increase the number of planning meetings and control points, performance drops. We organized a "day of office silence" - without meetings and briefings. We were convinced that morning calm gives a much better result than an early planning meeting. I was thinking of having a “day of silence” once a week, but since we work in the event field, this method does not suit us.

Planerka with cigars, hookah and whiskey. Planning meetings would be more pleasant if they were allowed to sit with a cigar and whiskey. You will be surprised how much new and honest employees are able to tell in such an environment. When I conceived such a meeting, I had no fear that it could lead to familiarity. All employees respected the required subordination. People became liberated, began to express their opinions and give advice on business development.

We spend thematic days impromptu in order to get the maximum emotional response. If you time the day in advance to some event, over time it ceases to bring an effect. We plan to hold a "day of office superheroes" and a "day of respect with hip-hop."

Managed to save the team and restore the working spirit. The positive effect was felt in a month. Thanks to automation and the "correct setting" of the staff, we carry out more events on the same day without loss of quality (corporate events during the season are distributed among several top dates). So, in December 2015, twice as many events were held as in December 2014. Revenue for December increased by 60%. In addition, thematic days made it possible to get to know the team better. So, one employee offered to work on the company's image and voiced ideas on how to implement it.

Three ideas for events

Meeting the sunset on the roof. Organize another rooftop meeting at sunset with a glass of wine. This feeling can be new for the team - working in a new light.

Change of roles in the company. If your company has been working for a long time and in the same rhythm, changing roles will shake up the team. So, offer a marketer to perform the duties of a creative director, and entrust calling customers to a commercial director.

Copying material without approval is allowed if there is a dofollow link to this page

What options? Under these circumstances, the employee is obliged to fulfill the labor obligations stipulated by the employment contract, that is, to perform work in the position provided for by the employment contract. If the employee refuses to perform labor duties, then there are grounds for bringing the employee to disciplinary liability up to and including dismissal at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation). In this case, I believe that if the employee refuses to perform the work stipulated by the employment contract, it is advisable for the employer to impose a disciplinary sanction on the employee.

The employee does not fulfill his labor duties. ways to get fired

Attention

One of the most difficult grounds for terminating an employment contract with an employee is the employee’s repeated failure to fulfill his labor duties without good reason (clause 5, part 1, article 81 of the Labor Code of the Russian Federation). Dismissal under the article is not only unpleasant for the employee, but also risky for the employer, since any mistake during registration can lead to the restoration of the employee in the future and payment of forced absenteeism.

Before applying disciplinary sanctions to an employee, including in the form of dismissal, the company needs to make sure that there are two mandatory conditions. 1) Labor obligations, for the violation of which the company plans to hold the employee liable, must be properly secured. Otherwise, the application disciplinary actions, including dismissal due to repeated non-fulfillment of labor duties (p.
5 hours 1 art.

The employee does not perform functional duties. how to punish?

Important

Although the priest, who was removed from the ministry and removed from the staff of the Saratov Diocese, had a work book with a record of dismissal, the courts of two instances decided that the Labor Code did not apply to him. USN for recruitment agencies. Clarifications from the Ministry of Finance Since January 1, 2016, the Tax Code introduced a ban on the use of a simplified taxation system for organizations engaged in the selection of employees.

Officials told who exactly lost the opportunity to pay taxes in a preferential regime. The Tax Code will have a chapter on social contributions The Ministry of Finance has developed a project to include requirements for the calculation and payment of fees to the PFR, FSS and MHIF in the Tax Code of the Russian Federation.

Officials decided not to change the current system of social contributions yet.

The employee, without good reason, does not fulfill his duties , but no violations of labor discipline have been identified: there are no absenteeism, there are no gross violations, and there are no disciplinary sanctions. What measures of influence can be applied to it? Source: HR directory According to Art.

21 of the Labor Code of the Russian Federation, an employee is obliged to conscientiously fulfill his labor duties assigned to him by an employment contract and comply with established labor standards.
Therefore, for non-performance or improper performance by the employee through his fault of the labor duties assigned to him, the employer in accordance with Part 1 of Art. 192 of the Labor Code of the Russian Federation has the right to apply the following disciplinary sanctions: remark, reprimand, dismissal on the grounds provided for in paragraphs. 5, 6, 7, 8, 9 and 10 hours 1 tbsp. 81, paragraph 1 of Art. 336 of the Labor Code of the Russian Federation. In this case, you have the right to apply a disciplinary sanction to an unscrupulous employee.

What to do with an employee who refuses to perform work under the contract

Info

The employer needs not only to formally establish the existence of a repeated violation in the event of an unremoved and outstanding disciplinary sanction, but also to take into account a number of factors: the severity of the misconduct, the circumstances under which it was committed, the previous behavior of the employee, his attitude to work (part 5 of article 192 of the Labor Code of the Russian Federation , paragraph 53 of the resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2). You can prove the existence of such factors with the help of memos, acts on the results of the investigation of violations, protocols of commissions in which the employer recorded all the circumstances of the violation.

The dismissal is completed by the signing of the order (form T-8), which indicates the details of the orders that imposed the previous penalties, and the basis documents for the application of a disciplinary sanction in the form of dismissal.

How to fire an employee who does not fulfill his job responsibilities

TC RF). This must be done in writing and handed to the employee against signature, preferably in the presence of witnesses. If the employee indicated the reasons for non-fulfillment of labor duties, their validity is determined by the company. In judicial practice, the presence of a call to law enforcement agencies, illness, as well as other circumstances beyond the control of the employee (for example, equipment failure) are recognized as valid reasons.
Sometimes the employee immediately refuses to explain. Refusal to give explanations is not an obstacle to disciplinary action, including in the form of dismissal (paragraph 2 of article 193 of the Labor Code of the Russian Federation). But, immediately drawing up an act and an order for dismissal is risky, since the employee has two working days to give explanations (paragraph 1 of article 193 of the Labor Code of the Russian Federation). It is possible that the employee will still submit explanations on time. The day the misconduct was discovered is the day when the immediate supervisor of the employee became aware of the violation. As a general rule, a disciplinary sanction cannot be imposed on an employee if more than six months have passed since the commission of the misconduct (part 4 of article 193

TC RF). In addition to violating the above requirements, companies often make other mistakes that can lead to the recognition of dismissal as illegal, for example: - Applying penalties that are not provided for by labor laws. Labor legislation provides for only three types of disciplinary sanctions: reprimand, reprimand and dismissal.

However, employers often use other formulations, announcing warnings, cautions, severe reprimands, etc. to employees.

What to do if an employee refuses to perform his duties

The employee does not perform work duties. Ways to issue a dismissal in accordance with all the rules The procedure for dismissal for non-performance of labor duties What to do if an employee refuses to give explanations What mistakes in the procedure are most often made by employers clause 5, part 1, article 81 of the Labor Code of the Russian Federation). Dismissal under the article is not only unpleasant for the employee, but also risky for the employer, since any mistake during registration can lead to the restoration of the employee in the future and payment of forced absenteeism.

This article is about what an employer needs to take into account if it is necessary to dismiss an employee on such a basis.
Question: Is the condition of the internal labor regulations that establishes such a disciplinary offense as the employee’s refusal to perform his labor function when moving him to another workplace with the same employer, or to another structural unit located in the same area, if the movement is not entails changes in the terms of the employment contract? The employer included this condition in the rules specifically so that employees would immediately understand separately that such actions are disciplinary offenses, because. not every employee imagines that in fact these actions are tantamount to failure to perform work in accordance with the employment contract.

What to do if an employee refuses to perform his duties

Advice on the subject Sometimes, when dismissing, it is necessary to take into account the opinion of the trade union organization If the company intends to apply a disciplinary sanction against a member of the trade union, then it is first necessary to follow the procedure for taking into account the opinion of the elected body of the primary trade union organization (Article 373 of the Labor Code of the Russian Federation).
The entire procedure takes no more than 10 business days. At the same time, the company has the right to impose a disciplinary sanction no later than 1 month from the date of receipt of a reasoned opinion (part 5 of article 373 of the Labor Code of the Russian Federation). It is better not to use minor violations as grounds for disciplinary sanctions If the violations do not cause damage to the company and do not create other adverse consequences, and the punishment is disproportionate to the misconduct, the court has the right to recognize the order to apply the penalty as illegal (determination of the St. ). Pregnant women (Article 261 of the Labor Code of the Russian Federation) and employees who are on vacation or on sick leave (Part 6 of Article 81 of the Labor Code of the Russian Federation) cannot be dismissed on the basis under consideration. And the dismissal of workers under the age of 18 is allowed only with the consent of the state labor inspectorate and the commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). In the presence of each of these errors, the court may declare the dismissal illegal. However, even in this case, there is a chance to defend the position of the company. This is possible with careful attention to some procedural nuances. For example, for disputes not related to dismissal (including challenging disciplinary sanctions in the form of a remark and a reprimand), a three-month period for going to court is set from the moment the employee became aware of the violation of his rights (Article 392 of the Labor Code of the Russian Federation).

Definition
What refers to improper performance of labor duties? The answer to this question is presented in paragraph 35 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by courts Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as Resolution of the Plenum of the RF Armed Forces N 2), namely, such violations include:
- Absence of an employee without good reason at work or workplace. At the same time, it must be borne in mind that if the specific workplace of this employee is not specified in the employment contract concluded with the employee, or the local regulatory act of the employer (order, schedule, etc.), then in the event of a dispute over the question of where the employee is obliged to be in the performance of his labor duties, it should be assumed that, by virtue of Art. 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer;
- refusal of an employee without good reason to perform work duties due to a change in in due course labor standards (Article 162 of the Labor Code of the Russian Federation), since by virtue of the employment contract the employee is obliged to perform the labor function determined by this agreement, to comply with the internal labor regulations in force in the organization (Article 56 of the Labor Code of the Russian Federation). At the same time, it should be borne in mind that the refusal to continue work in connection with a change in the terms of the employment contract determined by the parties is not a violation of labor discipline, but serves as a basis for terminating the employment contract under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation in compliance with the procedure provided for by Art. 74 of the Labor Code of the Russian Federation;
- Refusal or evasion, without good reason, of medical examination of workers in certain professions, as well as the refusal of an employee to undergo special training during working hours and pass exams on labor protection, safety precautions and operating rules, if this is a prerequisite for admission to work.
Improper performance of duties may include the employee's refusal to conclude a written agreement on full liability for the shortage of property entrusted to the employee (paragraph 36 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2). At the same time, it is worth considering when agreements on full liability should be concluded.
For example, if the fulfillment of duties for the maintenance of material assets is the main labor function of the employee, which is agreed upon when hiring, then the refusal to conclude such an agreement should be considered as a failure to fulfill labor duties with all the ensuing consequences.
If the need to conclude an agreement on full liability arose after the conclusion of an employment contract with an employee and is due to the fact that, due to a change in the current legislation, the position held by him or the work performed is included in the list of positions and works replaced or performed by employees with whom the employer can enter into written agreements on full liability, but the employee refuses to conclude such an agreement, the employer is obliged to offer him another job, and in its absence or the employee refuses the offered job employment contract stops with him.

Note. The lists of positions and works to be replaced or performed by employees with whom the employer may enter into these contracts, as well as the standard forms of these contracts, are determined by Decree of the Ministry of Labor of Russia of December 31, 2002 N 85 "On approval of the lists of positions and works to be replaced or performed by employees with whom the employer may conclude written contracts on full individual or collective (team) liability, as well as standard forms of contracts on full liability.

Based on the provisions of Ch. 30 of the Labor Code of the Russian Federation, bringing to disciplinary responsibility is entrusted to the employer, with the exception of the facts of violations by the employer of labor legislation, liability for which is provided for in Art. 195 of the Labor Code of the Russian Federation.

Types of disciplinary sanctions

The result of the commission of a disciplinary offense is the application of the following disciplinary sanctions to the employee:
- remark;
- reprimand;
- dismissal on the appropriate grounds.
At the same time, other types of disciplinary sanctions are allowed in institutions, most importantly, they must be provided for by federal laws, as well as the charters of institutions and regulations on discipline. For example, in relation to federal civil servants, in accordance with Art. 57 of Federal Law N 79-FZ for committing a disciplinary offense, the employer has the right, in addition to the responsibility provided for in the Labor Code , to apply the following disciplinary sanctions:
- a warning about incomplete official compliance;
- exemption from a substituted civil service position.

So, let's try to figure out the main reasons why an employee may refuse to sign a notice:

IMPORTANT. Particular attention should be paid to the availability of the date of dismissal, all details, vacant positions that should be offered in return, be sure to refer to the Order on the reduction, on the basis of which this notice was drawn up.

Terms of notification and methods of delivery of the 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 for the reduction. At the same time, it is very important to notify each employee personally and ensure that he puts a signature on 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 handing this document to the employee. So, consider the possible ways to send a notice of reduction:

Only if there are supporting documents is it considered that the employee has been brought up to date on the reduction. 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 a notice of dismissal.

REFERENCE. It is impossible to dismiss a person who is on sick leave or on vacation, but you can notify about the reduction.

Action plan for the employer in case of refusal

The employer should remember that, without having documents in his hands proving that the employee was aware of the dismissal, he does not have the right to reduce it, since otherwise the law will be violated.

Evidence that an employee received a redundancy notice may include:

• signature on the document itself;
• signature on the courier receipt stating that the person has received the document;
• the act of refusing to sign the notice.

So, you can get out of this situation as follows:

1. First, you need to talk with the employee and try to find out the reasons for the refusal to sign the notification. If the employee's arguments are valid, then in this case the employer should comply with the employee's requirements (incorrect notification, violations, etc.).
2. If the employee simply does not want to sign in retaliation, hoping that by doing so he will be left in his previous position, then it is necessary to draw up an act of refusal to sign the notice of reduction.

How to draw up an act?

In the event that an employee refuses to sign a notice of reduction, the only evidence of this will be the completed refusal act. Having this document in hand, the employer will be able to easily dismiss the employee, avoiding violating the law.

The personnel department is responsible for drawing up the act of refusal. In order for it to be lawful, the text of the notification is read aloud to the employee in the presence of at least two witnesses.

Then proceed directly to the compilation procedure itself. The employee should be required to write an explanatory note on the reasons for not signing the notice. If the employee also refuses to do this, then this should be stated in the act.

It should be noted that both the notification itself and the act of refusing to sign it do not have a standard form. As a rule, these documents have an arbitrary form, but at the same time they must reflect all the necessary components.

So, let's consider in more detail the data that needs to be recorded in the act:

Dismissal procedure

After the act is drawn up, the employer can safely proceed to draw up a standard procedure for reducing an employee. There are a few steps to be listed here:

1. development of an order to dismiss a specific employee;
2. on the basis of a ready order, entries are made in the work book and personal card;
3. accounting department makes all necessary calculations;
4. documents are issued to the employee.

Thus, it can be noted that the refusal to sign the notice is not a catastrophic situation for the employer. The main thing is to approach the problem wisely and then it will be possible to fire the “rebellious” employee without any problems, while avoiding litigation.

And even if such an employee sues, the employer will be able to prove the legitimacy of his actions without any problems.