The employee refuses to follow the manager's order

Can you really use this?

Consultation provided on May 26, 2015.

The employee did not comply with the instructions of his immediate supervisor. The obligation to carry out the employer’s orders is specified in the employment contract, the duty to carry out the orders of managers is stated in the internal regulations, the employee is familiarized with these documents upon signature. No disciplinary measures were taken against the employee. The employee is deprived of the full bonus for failure to comply with the order of the immediate supervisor. When hired, the employee was not familiar with the bonus regulations in force in the organization at the time of hiring.

Are the employer’s actions legal in this situation? Was it possible to deprive an employee of a bonus, given that the employee was not familiar with the bonus regulations upon signature?

Direct manager's orders

An employment contract and internal labor regulations may contain, among other things, the employee’s obligation to carry out the orders of his immediate supervisor.

However, it must be borne in mind that the orders of the immediate supervisor must correspond to the nature of the work assigned to the employee in accordance with the employment contract, since the law directly prohibits requiring an employee to perform work not stipulated by the employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws ( Article 60 of the Labor Code of the Russian Federation). If this condition is not met, the corresponding order of the employer will be unlawful, and the employee’s refusal to comply with it cannot be considered as a violation of labor discipline (see, for example, the ruling of the Investigative Committee in civil cases of the Supreme Court of the Komi Republic dated June 14, 2012 in case No. 33- 2195/2012)

If the specified order corresponds to the nature of the work performed by the employee, in this case, the employee’s failure to comply with the specified order without valid reasons is a violation of labor discipline (appeal ruling of the Investigative Committee for civil cases of the Tambov Regional Court dated July 11, 2012 in case No. 33-1536).

Situation 4. How should a manager behave if a subordinate refuses to carry out an order?

Try to analyze your behavior and find out what your mistake was.

There are several rules for formulating orders that will allow you to avoid similar situations in the future and improve teamwork. First of all, consider the character of the person to whom the order is addressed: for example, when addressing an ambitious, self-confident employee, you can express slight doubt about his ability to carry out this order (but only without using offensive words and expressions!). This will force him to act more decisively, just to prove to his boss that he was wrong.

But on a soft, indecisive person, such an order will have the exact opposite effect, completely paralyzing his will and desire to do anything at all: here it is better to say something like: “I’m sure no one can handle this better than you.”

Try not to start orders with the words “I want...”: they are usually perceived as some kind of whim of the boss and cause a negative reaction. Come up with a different wording. And remember that those orders are most readily carried out in which the employee sees a benefit for himself personally.

Try to remember the name of each of your employees. The address “Hey, you, what’s your name…” is an almost complete guarantee that the order will not be carried out, or will be carried out “with a C grade”. If you want the matter to be done in good faith, contact the person by his first name and patronymic: this will immediately set him up positively towards you.

Never combine orders with criticism, do not say phrases like: “Do it, but not like yesterday!” If you want the order to be carried out well, make sure that it evokes only positive emotions, and find another time for criticism!

Plotkina E.V.

Bonus procedure

As follows from Art. 191 of the Labor Code of the Russian Federation, the issuance of bonuses is the right of the employer and one of the types of incentives for employees who conscientiously perform their job duties.

The bonus, as an incentive and incentive payment, by virtue of part one of Art. 129 of the Labor Code of the Russian Federation, is an integral part of wages. The employee's wages are established by the employment contract in accordance with the current employer's remuneration systems.

In turn, remuneration systems, including bonus systems, are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law standards (part one of Article 135 of the Labor Code of the Russian Federation).

Thus, the employer has the right to independently determine the procedure for awarding bonuses to employees, including the criteria for calculating bonuses. Consequently, a local regulatory act (regulations on bonuses, etc.) may stipulate that the basis for non-payment of a bonus is a violation of labor discipline. At the same time, the complete deprivation of a bonus for a specific period for violation of labor discipline cannot be regarded as discrimination in wages, but is only a consequence of the employee’s improper performance of his labor (official) duties (determination of the Cassation Board of the Supreme Court of the Russian Federation dated March 29, 2005 N KAS05-148) .

Thus, if an employee’s labor achievements for a certain period did not meet the bonus criteria, the employer will not have the obligation to accrue and pay bonuses for this time. In such a situation, non-awarding of the premium is legal.

At the same time, non-awarding a bonus to an employee must be justified. In the event of a labor dispute, the employer will have to prove in court the existence of the circumstances on the basis of which he decided not to award a bonus to a specific employee. Thus, the employer must have evidence of the employee’s failure to meet bonus targets. In view of this, the failure to record the fact of violation of labor discipline and the failure to impose a disciplinary sanction on the employee may lead to the fact that the employer will not be able to prove the legality of not awarding a bonus to the employee (see, for example, the appeal ruling of the Investigative Committee in civil cases of the Supreme Court of the Republic of Karelia dated December 11, 2012 in case N 33-3396/2012).

At the same time, if the employer can prove the fact of violation of labor discipline by the employee without recording the violation itself on the part of the employee and imposing a disciplinary sanction on him, then the non-awarding of bonuses to the employee in the case under consideration will be lawful (cassation ruling of the St. Petersburg City Court dated March 15, 2012 N 33 -3885/2012).

Refusal of a subordinate to do work and how to react to it

We will not list all the employee excuses that you may encounter, but we will touch on the most popular ones. According to the site https://www.your-mentor.ru, a manager most often encounters such excuses as: “this is not part of my job description”, “why me?”, “let someone else do it” , “I don’t feel good” and “I don’t want to do this.”

In fact, employees do not immediately say these excuses out loud. They begin to do this from afar, and you may not even hear or notice the first steps. At first, subordinates simply start making jokes at the expense of the leader, which should be immediately noted. They then move on to socially approved excuses such as “I don’t feel well”, “I’m very busy”, “I have a lot of work”, etc.

If you don't watch for these initial signs of shirking, these problems will accumulate until you end up with a straightforward answer: “I won't do it!” If you heard this kind of response, it means you missed this employee, because... did not respond in time to the first signs of his behavior.

“This is not part of my job description.”

When an employee considers himself savvy in labor legislation or a signed contract, he begins to manipulate his responsibilities. Your goal here is not to get confused and immediately explain to your subordinate that carrying out the manager’s orders is his direct job responsibility.

Every job description should have such a clause. Go to the HR department and double-check whether this item is in your company’s DI. And in the future, when you hear this kind of excuse, you can put the employee in his place, showing your power and dominance, that you are the leader - the one who sets the tasks, and he is the subordinate who must carry out these tasks.

Let us again clarify that we are talking about situations where an employee is out of control. If your subordinate copes well with his responsibilities, is a good team player, but is currently very overloaded with work, then you do not need to use this method of influence.

"Why me?"

In this case, there can be only one answer: “because I said so.” You do not need to explain to such an employee why you chose him, such as that he is better at this task or that he has enough competencies to perform such a task. You can leave all this only to that employee who does not create problems for you, who performs his duties well, but at the moment has decided to be capricious or has some other problems, and you need to persuade him.

If an employee is ineffective, has low motivation, does not shine with his work and at the same time tries to tell you this kind of language, then you are obliged to put such an employee in his place.

"Let someone else do it"

The same principle should work here as in the previous example: “you should do this because I decided so.” If in response you hear that the subordinate does not have time for this, you should say in the same manner that he must organize his time so as to get this work done on time.

"I feel bad"

This is considered a manipulative excuse when an employee tries to shift the entire burden of responsibility for making a decision onto you. In this case, many managers make a number of mistakes. Some bosses immediately send the employee home on sick leave, while others try to use harsh methods to force the subordinate to complete the task.

In such a situation, the first thing you should do is return responsibility for the decision to the subordinate. You can ask the following question: “Do I understand correctly that your health condition prevents you from coping with your job responsibilities?” If the employee is really sick or, on the contrary, is so irresponsible that he answers yes to your question, then you send him on sick leave.

In the second case, the employee will punish himself, since he will have to wait in line to see the doctor, and possibly incur certain financial costs in order to obtain a medical certificate. In the future he will no longer carry out such experiments. It's just that sometimes your subordinates test you to see how far you will go.

In the event that after the question you asked above, the employee answers in the negative, and he is able to work, then you, therefore, give him a task to complete. This method is good because you give responsibility for the decision to the employee, and you only have to choose one of two actions based on his answer.

"I do not want to do this"

When an employee responds in this way, very often managers begin to react emotionally, sending the subordinate to the HR department or, conversely, getting lost, scheduling him a one-to-one meeting, where they begin to motivate him, etc. But this answer is also a manipulation, because... the expression “I don’t want” does not mean that “I won’t.”

Manipulation lies in the double meaning of this expression, I say “what I don’t want,” and you mean “I won’t.” And your goal, as a leader, is to reduce such double meanings to a single understanding. You can do the same as in the previous method by asking: “Do I understand correctly that you refuse to follow the orders of your boss?”

If the subordinate tells you that he will not refuse, then you give him a task to complete. If the employee says yes, he refuses, then you have two options:

If you are at a loss or you do not have the opportunity to part with this employee now, then you can entrust the work to another employee. But you must understand that such history may repeat itself and you will again have to do something. If this happens, then you must make it clear to the subordinate that this is the second such situation, and then you must decide: give the employee another chance or move on to the second option.
When an employee refuses a question you asked, you should ask his thoughts about his place in your team. Ask him the following question: “Please tell me, why do I need employees in my team who don’t do their jobs?” After listening to the reasoning and position of the employee, you can already make a decision, either leave him in the company, or advise him to find an organization that meets his requirements and desires.

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

An order given by a manager (boss) is obligatory for execution by subordinates, with the exception of a deliberately illegal order. When receiving an order that is clearly contrary to the law, the employee is obliged to follow the law. In this case, the employee is obliged to notify the manager (supervisor) who gave the obviously illegal order, or a superior manager (supervisor) about the failure to comply with the illegal order.

12. An order can be given in written or oral form, including through the use of technical means of communication, to one subordinate or a group of subordinates. An order given in writing is the main administrative official document (legal act) issued by the manager (chief) with the rights of unity of command.

13. When giving an order, the manager (boss) must not allow abuse of official powers or their excess.

14. The manager (boss) is prohibited from giving an order that is not related to the performance of official duties by subordinates or aimed at violating the legislation of the Russian Federation. The order is formulated clearly, briefly and clearly, without the use of language that allows for different interpretations.

15. Before giving an order, the manager (chief) is obliged to comprehensively assess the situation and take measures to ensure its execution.

16. Orders are given in order of subordination. If absolutely necessary, the direct manager (boss) can give an order to a subordinate, bypassing his immediate supervisor (boss). In this case, the direct supervisor (supervisor) informs the immediate supervisor (supervisor) of the subordinate about this, or the subordinate himself reports the receipt of this order to his immediate supervisor (supervisor).

17. The direct managers (supervisors) of an employee are the managers (superiors) to whom he is subordinate in service, including temporarily; the direct supervisor (supervisor) closest to the employee is his immediate supervisor (supervisor).

18. The order of the manager (boss), with the exception of one that is clearly contrary to the law, must be executed unquestioningly, accurately and on time. Discussion of the order and its criticism are unacceptable. If it is impossible to execute an order, the employee must immediately notify the manager (supervisor) who issued the order.

19. The manager (boss), in order to make sure that the order he has given is correctly understood, may require it to be repeated, and the subordinate who has received the order may turn to the manager (boss) with a request to repeat it.

20. Having executed the order, the subordinate, if he does not agree with the order, can appeal it.

21. The subordinate is obliged to report on the execution of the received order to the direct supervisor (supervisor) who gave the order, and (or) to his immediate supervisor (supervisor).

22. A subordinate who fails to comply with the order of the manager (supervisor) given in the prescribed manner is held accountable on the grounds provided for by the legislation of the Russian Federation.

23. The manager (chief) is responsible for the order given and its consequences, for the compliance of the contents of the order with the legislation of the Russian Federation and for failure to take measures to ensure its execution.

24. Only the manager (supervisor) who issued it, or a superior direct manager (supervisor) has the right to cancel an order.

25. If a subordinate executing an order receives a new order from a superior direct superior (boss), which may prevent the execution of a previously received order, he reports this to the superior direct superior (supervisor) who gave the new order, and if the new order is confirmed, he executes it . The manager (boss) who gave the new order informs the manager (boss) who gave the first order.

26. An employee, having received an order from a manager (supervisor) that is obviously contrary to the legislation of the Russian Federation, without executing this order, reports this to a superior direct manager (supervisor).

Date added: 2015-10-06; | Copyright infringement

What to do if an employee refuses to do work - Real estate, work, property

When applying for a job, the future employee must sign an employment contract with the employer and study the job description. However, if an employee ignores his job responsibilities in the course of his activities, then the employer’s reaction can be completely different: from a loyal attitude to a drastic action - dismissal from his position. What are the consequences for an employee if he fails to fulfill his duties?

All businesses need to have job descriptions for each position. In accordance with this document, the new employee will perform his duties.

This instruction helps the employee work as expected by the employer, so it must list the functions and indicate the level of responsibility for each position.

The consequences for an employee of failure to fulfill his job duties are described in Art. 192 Labor Code of the Russian Federation.

What to do if an employee refuses to perform his duties

— Articles — What to do if an employee refuses to fulfill his duties

If an employee refuses to perform his job 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.

Attention

One of the most difficult grounds for terminating an employment contract with an employee is the employee’s repeated failure to fulfill his job duties without good reason (Clause 5, Part 1, Article 81 of the Labor Code of the Russian Federation).

Dismissal under this article is not only unpleasant for the employee, but also risky for the employer, since any mistake during registration may lead to the subsequent reinstatement of the employee and payment for the time of forced absence.

Before applying disciplinary sanctions to an employee, including in the form of dismissal, the company needs to make sure that two mandatory conditions are present. 1) Labor duties for violation of which the company plans to hold the employee liable must be properly assigned. Otherwise, the application of disciplinary sanctions, including dismissal due to repeated failure to fulfill job duties (clause 5, part 1, art.

What to do if an employee refuses to do work

1210Print

Answer:

First of all, it is necessary to establish whether the employee was transferred legally to the job he is currently performing. By virtue of Article 72.

1 of the Labor Code of the Russian Federation, transfer is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer.

As a general rule, transfer to another job is permitted only with the written consent of the employee. In this case, the transfer as such was not carried out, due to which the question of the “new director” about why and on what basis the employee performs work not stipulated by the employment contract is quite justified.

What options? Under these circumstances, the employee is obliged to fulfill the labor duties stipulated by the employment contract, that is, to perform work in the position provided for by the employment contract. If an employee refuses to perform his job 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.

However, personally, I would not be in a hurry to apply this type of disciplinary sanction to an employee such as absenteeism; in my opinion, in this case, it is most appropriate to impose a disciplinary sanction on the employee in the form of a remark or reprimand (in this case, the procedure provided for in Article 193 of the Labor Code of the Russian Federation must be observed application of disciplinary action).

If, even after applying a disciplinary sanction, the employee does not perform the work stipulated by the employment contract, then only after this is it possible to dismiss the employee under Article 81 of the Labor Code of the Russian Federation (in this case, in my opinion, under these circumstances, the most appropriate option is to terminate the employment contract under clause 5 Article 81 of the Labor Code of the Russian Federation).

For greater clarity of consultation, I recommend that you familiarize yourself with the norms (articles) of the Labor Code of the Russian Federation indicated in the answer.

Responsibility of an employee for refusal to perform job functions

According to Part 1 of Article 192 of the Labor Code of the Russian Federation, for refusal to perform labor functions, i.e. non-compliance or improper fulfillment by an employee through his fault (intentional) of the labor duties assigned to him by the rules, the employer has the right to apply the following disciplinary sanctions:

1) reprimand (for the first offense);

2) reprimand (for the first offense);

3) dismissal for serious reasons (in case of repeated gross violations).

It already follows from this that a disciplinary offense is understood as non-compliance or improper fulfillment by an employee through his fault (intentionally) of the direct labor duties assigned to him, let’s say, internal labor regulations.

By virtue of paragraph 2 of part 2 of Article 21 of the Labor Code of the Russian Federation, an employee must conscientiously fulfill his direct labor duties assigned to him by the employment contract, as well as other local acts of the employer, for example, internal labor regulations. Paragraph 4 of this part also establishes the employee’s responsibility for compliance with labor discipline.

According to Part 1 of Article 189 of the Labor Code of the Russian Federation, labor discipline is an inherent obedience for all employees to the rules of conduct in accordance with the Labor Code of the Russian Federation, other federal laws, collective agreements, collective agreements, local acts, labor and fixed-term contracts.

Within the meaning of this part, also paragraph 2 of part 2 of Article 21 of the Labor Code of the Russian Federation, the responsibility to fulfill labor discipline also presupposes the conscientious fulfillment by the employee of his own labor duties assigned to him by the employment contract. Based on Part 3 of Article 72.1 of the Labor Code of the Russian Federation, the employer is not obliged to ask for the employee’s consent when moving him to another workplace or to another structural unit, a separate unit located in the same area, as well as assigning him work on another mechanism or apparatus, when this does not change the essence of the employment contract.

Employee refuses to work

In accordance with this, in this case, the employee must scrupulously perform his work functions even when moving. The consent of the specified employee for execution as previously indicated will not be required. An employee’s refusal to perform his own job function is considered a failure to comply with the job duties assigned to him and, accordingly, will be considered a violation of labor discipline.

A similar position comes from the Judicial practice of the Russian Federation

Source: https://printscanner.ru/chto-delat-esli-sotrudnik-otkazyvaetsja-vypolnjat/

Drawing up an act of refusal

The regulations do not provide a unified form of this document. That is, this form is developed by the organization independently. The type of document may vary depending on the specifics of the company. When drawing up an act, you must rely on the standards contained in GOST R 6.30-2003. You should also pay attention to archival rules.

The act is an information and reference document. It confirms some action or event. The document must indicate various details. This is a must. An act can only be drawn up by a commission, that is, several persons. One manager cannot draw up this paper. The document includes three parts:

Introductory part. 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. If the act is drawn up incorrectly, there is a high risk that the employee will go to court to challenge this document.