What is the period for familiarization with the dismissal order provided for by labor legislation?


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

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 the 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:

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

But even a signature placed on the day of settlement will not be considered a violation of the law.

The dismissal order requires mandatory review and signature of the employee. If the latter does not come for the paycheck and documents on the day of dismissal, the employer sends him a written notice of the need to come to the employer to get a work book and familiarize himself with the order.

This indicates that the company notified the employee of the settlement.

In such circumstances, a special mark is placed on the order, indicating that it is impossible to familiarize the employee with the order due to his absence. The employer must personally familiarize the employee with the dismissal order. Therefore, if he does not appear on the day of settlement and does not sign the order, a corresponding entry is made in it.

Impossibility of presenting a document to a worker

Previously, cases were considered when an employee is at the workplace, informed about the termination of the employment relationship and refuses to sign the document for personal reasons. What to do if the employee’s whereabouts are unknown? For example, dismissal occurs due to systematic absenteeism.

  1. It is necessary to notify the employee that an act has been issued and he needs to familiarize himself with it. If it is not possible to contact the employee by traditional means (telephone, e-mail), then you should send a registered letter with return receipt requested to the address contained in the personal file. You must keep the shipping receipt.
  2. If the employee never showed up for familiarization, then you can draw up an act of impossibility of familiarization, similar to the act of refusal to familiarize yourself. Although there is no requirement for such an act to be mandatory.
  3. 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. To avoid claims, the employer must follow formal procedures. If a dissatisfied worker goes to court, then if the requirements of the law are observed, it will not be difficult for the employer to protect his interests.

Act on refusal to familiarize yourself with the order

If the reasons were not given, then a dash is placed in these columns.

If they were expressed at least orally, then these justifications can be written down by the document compiler who heard them.

If the employee has read the provided paper, but has not put the required reading mark, this act is also drawn up. There are times when an employee wants to go to court to protect his rights. If his main motivation is that he was not familiar with the order of the head of the company, then the act of refusing to familiarize himself with the order will be a compelling argument for the court to make a decision not in his favor. There are also situations when an employee is physically unable to sign as a sign of agreement with any instructions.

But this happens quite rarely. And in this case, references and notes about this fact are included in the text of the paper. In the vast majority of cases acts

Without signatures, the order has no legal force and is not an official document.

There is no legal obligation for an employee to review and sign the notice of dismissal. The contract terminates on the employee’s last working day. On the same day, the employee must be given a work book and earned money. In the case where the employee agrees with the severance of the employment relationship, there should be no difficulties with informing: on the last day the worker himself will come for the work book and money and then sign the employer’s order. If there is a dispute and the employee is not satisfied with the termination of work, then a situation may arise of disagreement with the employer’s order.

If the employee is not satisfied with the content of the dismissal order, then he has the right not to sign.

In this case, according to Part 2 of Art.

84.1 of the Labor Code of the Russian Federation requires making a corresponding mark on the document itself.

Does an employee have the right not to sign?

The duties and rights of an employee are specified in Article 21 of the Labor Code of the Russian Federation.
The list of responsibilities does not include such an action as putting a signature on orders. Refusal to sign, according to Article 379 of the Labor Code of the Russian Federation, can be recognized as self-defense by an employee of his labor rights. Such provisions of regulations are fully justified, since in practice it is impossible to force a person to sign. At the same time, the law obliges the employer to familiarize its employees with the order upon signature. Some contradiction is created. However, legislators provided for the situation of a specialist’s refusal. An employee’s refusal, according to Article 84.1 of the Labor Code of the Russian Federation, cannot become an obstacle to the execution of a dismissal order. In such a situation, you need to make this entry in the document: “Refused to sign.”

Article 193 of the Labor Code of the Russian Federation states that the employer must also draw up a certificate of refusal. The preparation of this document must be carried out in accordance with the rules. If this paper is not drawn up, the manager’s order will not be valid. An employee can challenge the validity of this document.

Let's look at an example. The manager wants to fire an employee. He draws up an appropriate order. The employee refuses to sign. The employer still terminates the employment contract. The employee is challenging his dismissal in court. He argues his claim with the fact that he was not familiarized with the order. The employer cannot challenge the plaintiff’s argument in any way, since both the signature confirming familiarization and the document are missing.

Certificate of refusal to familiarize yourself with the order

Such documentation is subject to certain rules:

  • Compilation is carried out by an employee of the HR department.
  • There is no specific sample for drawing up an act, but it must contain certain details:
  1. Place and time of drawing up the document.
  2. Identification data of the witnesses who signed the paper;
  3. Full name and position of the employee who refused to confirm the fact of familiarization;
  4. His identification data;
  5. Full name of the person who drew up the act;
  • The sample must contain the signatures of at least 2 witnesses to the fact of refusal to familiarize themselves with the order.

A sample act of refusal to familiarize yourself with the order contains:

  1. Organization details;
  2. Main content of the paper
  3. Date and place of formation;
  4. Name - it must contain the number of the order for which the refusal to review was received;

How to correctly record the impossibility of familiarizing the employee with the order on the dismissal order?

Date of dismissal and signature of your responsible HR employee.” Regarding the second situation: “I was not familiar with the order due to absence from work on the day of dismissal for an unknown reason.

Date of dismissal and signature of your responsible HR employee.” Regarding the third situation: “I was not familiar with the order due to the work being carried out at a remote site on the day of dismissal and the impossibility of arriving at the office to familiarize myself with the documents.

Date of dismissal and signature of your responsible HR employee.” However, the latter situation in itself is quite controversial.

It is on the day of dismissal that the employee must be given the opportunity to come to the office for documents and payment.

Why does he need to be released from work even for a full day?

It should contain:

  1. place and date of compilation;
  2. Full name of the person drawing up the document (often this is a personnel department employee, accountant or other official responsible for familiarizing employees with orders);
  3. personal signatures of the persons who witnessed the act.
  4. Full name and position of the employee who refuses to familiarize himself with the order (or put his signature on the documents);
  5. name of company;
  6. number and date of the document due to which the dispute occurred;
  7. if possible, exact time;
  8. positions, surnames, first names and patronymics of employees who will attest to the fact of categorical refusal (at least three people);

Also in the above form there are several blank lines to explain the motivation of the employee who refused.

>How to correctly record the impossibility of familiarizing the employee with the order on the dismissal order?

Question

Tell me how to correctly record the impossibility of familiarizing the employee with the order on the dismissal order in the following cases: 1). The employee wrote a letter of resignation of his own free will, was on sick leave on the day of dismissal, and did not withdraw the letter. 2) The employee is dismissed for a continuing violation - failure to perform official duties - a reprimand is issued, then a reprimand, continues to fail to perform - i.e. has not physically appeared at the workplace for a long time and has not performed job duties. 3) Similar to point 2, but the employee works in another city and is not physically in Moscow on the day of dismissal.

What an employee can and should do

The rights and obligations of employees are prescribed in the Labor Code of the Russian Federation. According to it - or more precisely Article 21 - every employee has the right:

  • to conclude an employment contract;
  • its termination;
  • changing the terms of the contract;
  • provision of work;
  • provision of a workplace in accordance with the standards of current legislation;
  • full payment of the salary established in the employment contract;
  • paid vacation;
  • rest during the working day;
  • creation of labor associations;
  • participation in the management of the organization;
  • conclusion of contracts related to labor activities;
  • protection of your rights;
  • conflict resolution during interaction with team members;
  • strike;
  • compensation for moral and physical harm caused during work.

Also see “Rights of Probationary Employees.”

Responsibilities are as follows:

  • fulfillment of the terms of the employment contract;
  • following a routine;
  • follow the rules of law;
  • do not damage property located in the access zone;
  • warn about possible danger to the life and health of team members.

Answer

Answer to the question:

The situation when an employee is absent from work on the day of dismissal is expressly permitted by the Labor Code of the Russian Federation (Article 84.1 of the Labor Code of the Russian Federation). The same article states that if it is impossible to familiarize the employee with the dismissal order on the day of dismissal, then a corresponding mark is made on the order.

The legislator did not propose a unified phrase for this case. Therefore, you determine the level of detail yourself.

In our opinion, in this case it is quite enough to simply write: “I have not read the order due to absence from work on the day of dismissal. Date of dismissal and signature of your responsible HR employee.”

You can write in more detail:

Regarding the first situation: “I was not familiar with the order due to absence from work on the day of dismissal due to illness. Date of dismissal and signature of your responsible HR employee.”

Regarding the second situation: “I was not familiar with the order due to absence from work on the day of dismissal for an unknown reason. Date of dismissal and signature of your responsible HR employee.”

For the third situation: “I was not familiar with the order due to the work being carried out at a remote site on the day of dismissal and the inability to come to the office to review the documents. The date of dismissal and the signature of your responsible employee of the personnel department.”

However, the latter situation in itself is quite controversial. It is on the day of dismissal that the employee must be given the opportunity to come to the office for documents and payment. Why does he need to be released from work even for a full day?

If the employee was at work, but refused to familiarize himself with the order, then you can write this: “The employee refused to familiarize himself with the order, which is confirmed by the Act dated “____”_________. Date of dismissal and signature of your responsible HR employee"

Details in the materials of the Personnel System:

Situation: How to make the final payment and issue the employee a work book and other documents on the day of dismissal

On the employee’s last day of work, make the final payment and also give him:

 work book;

 a certificate of the amount of earnings and special periods in the form approved by Order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n;

 extracts from the SZV-M forms, the report on the insurance experience SZV-STAZH and section 3 of the calculation of insurance premiums regarding the data of a specific employee;

 other documents upon written application of the employee.

This is stated in part 5 of article 80 of the Labor Code of the Russian Federation and paragraph 4 of article 11 of the Law of April 1, 1996 No. 27-FZ.

Certify the certificate of the amount of earnings and special periods with the seal of the organization, if available. In this case, the seal should not cover the signature. If there is no seal, attach copies to the certificate:

 a document that confirms the authority of the person who signed the certificate to act on behalf of the organization without a power of attorney. For example, a copy of the charter;

 power of attorney for signing a certificate with attached documents that confirm the authority of the person who issued the power of attorney;

 a document that identifies the employee who signed the certificate - for example, a copy of a passport;

 certificate that the individual has state registration as an individual entrepreneur, if the employer is an individual entrepreneur.

This follows from paragraph 7 of the Procedure, approved by order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n.

If the employee did not work on the day of dismissal, then:

 in case of non-cash payment, carry out the calculation and transfer the total amount, despite the fact that the employee is absent. When paying for labor through a cash register, pay the corresponding amounts the next day after the employee applies for payment (Article 140 of the Labor Code of the Russian Federation);

 draw up a special notice that the employee needs to pick up the work book and other documents.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Tatyana Kozlova,

HR System expert

Dismissal

19.04.2019

Often, employees who are dissatisfied with upcoming changes in the organization or with disciplinary sanctions imposed on them refuse to sign the order. In such cases, the employer must draw up a notice of refusal, observing the general requirements for this document.

Some norms of the Labor Code of the Russian Federation stipulate what the employer should do if it is impossible to obtain the employee’s signature in reviewing the order.

Yes, Art. 84.1 of the Labor Code of the Russian Federation provides that an employee’s refusal to sign a dismissal order cannot stop this procedure. In this case, a corresponding entry is made on the order (“Refused to sign”).

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

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

When compiling it, one should be guided by the general norms and requirements established by GOST R 6.30-2003 and various kinds of archival rules.

Any act of record keeping is considered as an information and reference document confirming a previously occurring event. It must contain the necessary details and meet certain requirements established by the said GOST. However, no strict form has been established for it.

  1. The act is drawn up on commission (by several persons) and consists of an introductory and main (stating) part.
  2. The introductory part contains the date, number, reference to the basis (order/instruction for which the employee does not want to sign); the composition of the commission is listed, indicating the full name (in alphabetical order, the chairman of the commission is indicated first) and the positions of the participating persons.
  3. The main part of the act lists the established facts, conclusions and conclusions from them. The wording might look like this:
  4. “The commission found that such-and-such an employee (full name, position) refused to sign in order to familiarize himself with such-and-such’s order.”
  5. Everything ends with the signatures of the commission members and information about the number of copies of the act and their location.

We suggest that you familiarize yourself with Dismissal at your own request instead of layoffs - Labor assistance

The consequences of an employee’s refusal to familiarize themselves with the order or sign it depend on the content of the order:

  • in some situations (dismissal, disciplinary action, removal of a combination, etc.), a correctly activated refusal does not interfere with the further procedure;
  • in other cases, the law regards such a refusal as disagreement with the employer’s order (for example, about sending the employee on a business trip, undergoing a medical examination, etc.). And if the order has no legal basis, it may be regarded as a violation of labor discipline and result in disciplinary punishment for the employee.

Most often, an act of refusal to receive is drawn up in connection with labor relations. The employee’s refusal to receive a work book on the day of dismissal, notice of job reduction, or upcoming certification.

But even in everyday life there may be a need to serve certain documents and be able to provide evidence. For example, an act of eviction due to termination of the right to use. Yes, even any other (when the contract does not indicate the method of filing a claim) may be accompanied by the drawing up of an act of refusal to receive.

A unified form of the document is not established by law, so we have posted an example of an act of refusal to receive, which can be adapted to any situation.

Time for drawing up the act: 10 o'clock. 15 minutes. (local time)

By me, citizen of the Russian Federation Sergei Vasilievich Astakhov, passport series 15 18 number 798653, issued on 10/18/2002, TOM Central District of Voronezh, Voronezh Region, registration address: Voronezh, st. Privokzalnaya, 17,

Please note that the act of refusing to sign the dismissal order does not play a special role. The fact is that the employee cannot stop the process of severing the employment relationship by not signing his signature: in the event of dismissal, his direct consent is not necessary to initiate this.

If the employee does not sign the order on principle, then at the end of the order they put the note “Refused to sign.” This concludes the employee's introduction.

Time limits for familiarization according to the Labor Code of the Russian Federation

Labor legislation does not establish a single and specific rule for the time period within which an order to dismiss an employee must be familiarized with.

But it affirms the employer’s obligation to issue a full paycheck and work book to the employee on the day of immediate dismissal.

Therefore, the order must be signed by the employee no later than the day of dismissal.

To avoid problems, employers try to inform the resigning person in advance. But even a signature placed on the day of settlement will not be considered a violation of the law.

How to inform if a fired person is absent from work

The dismissal order requires mandatory review and signature of the employee.

If the latter does not come for the paycheck and documents on the day of dismissal, the employer sends him a written notice of the need to come to the employer to get a work book and familiarize himself with the order.

This indicates that the company notified the employee of the settlement.

In such circumstances, a special mark is placed on the order, indicating that it is impossible to familiarize the employee with the order due to his absence.

Signature of the order by power of attorney

The employer must personally familiarize the employee with the dismissal order. Therefore, if he does not appear on the day of settlement and does not sign the order, a corresponding entry is made in it.

Orders regarding personnel are not signed by proxy, since they concern the employee personally. The actions of a trusted person can always be challenged.

Therefore, the option of entrusting the right to sign a dismissal order to another person does not work.

What to do if an employee does not sign and refuses?

According to the law, an employee’s refusal to sign an order cannot serve as an obstacle to its execution.

When an employee refuses to affix his visa, the personnel officer will affix o.

At the same time, labor legislation requires in such circumstances to additionally draw up an act of refusal.

There is no standardized form for such a document. The employer can issue it in a free form. If it is not drawn up, the employee will be able to challenge the dismissal order.

Example:

Suppose the director decided to dismiss an employee under an article. He issues an appropriate order to this effect. But the employee refuses to sign for it.

The employer does not pay attention to the lack of signature and simply terminates the employment contract. An employee files a lawsuit demanding reinstatement at work due to failure to familiarize him with the dismissal order.

Under such circumstances, the employer will not be able to prove that the employee simply refused to sign. For this purpose, an act is drawn up, in which witnesses to the incident put their signatures.

So, the employer’s procedure is as follows:

  1. In the presence of at least two people, the employee is invited to familiarize himself with the document upon signature.
  2. If the person being dismissed does not sign the documentation or is absent, a notice of refusal is drawn up. It is recommended to arrange it in advance.
  3. Witnesses put their signatures on the act. The employee is also asked to put a visa on it.
  4. If the employee refuses to sign here too, a note is made “refuses to sign”, and the witnesses put another signature next to each other.

Important! Refusal notes must be handwritten only, just like signatures.

Conditions under which there are no consequences for the employer from the absence of a signature on the order:

  • the resignation letter is written at the employee’s own request;
  • the employee did not withdraw the submitted application;
  • There is also no application to continue working.

When all three conditions are present, dismissal can be carried out without fear.

Sample act of non-signing

Since the law does not provide for a special form of the document, the employer develops it independently.

However, the form must comply with the basic rules of office work. The mandatory points of the act are as follows:

Introductory part:

  • date of document execution;
  • number;
  • a reference to an order that the employee does not want to read;
  • composition of the commission with the designation F.I.O. and positions.

The main part contains the facts of the case, findings and conclusions. That is, what exactly the commission established.

The final part contains the signature of all participants in the investigation (commission members).

If the act is executed incorrectly, there is a risk that the employee will go to court to challenge it.

The act is drawn up by a personnel service employee. The data of the employee who refused to sign the document and all members of the commission must be reflected here.

act of failure by the employee to sign a dismissal order - word.

Limited Liability Company

"Cornflower"

ACT

25.08.2019 №27

Moscow

on the employee’s refusal to sign a dismissal order

By me, HR department specialist P.R. Popova. in the presence of chief accountant Sidorova A.A. and accountant Ivanova I.A. on August 25, 2020 at 14:00 to accountant Pulemetova A.Yu. the contents of the dismissal order No. 80-LS dated August 25, 2019 were read. about her dismissal.

Apply your signature to the dismissed employee A.Yu. Pulemetova. refused.

Accountant Pulemetova Pulemetova A.Yu.

The contents of the order are confirmed by personal signatures:

Senior accountant Sidorova A.A. Sidorova

Accountant Ivanova Ivanova I.A.

The form should be free of errors, corrections and clerical errors. In judicial proceedings, this can play a decisive role.

Therefore, if a mistake is made, it is recommended to rewrite the document to avoid controversial situations.

Why do they write orders?

There are several situations in which issuing an order is a necessary measure. The same applies to the need to familiarize yourself with the document with some other employees. Here are just a few relevant circumstances:

  1. When the internal routine changes.
  2. Application of disciplinary sanctions of any kind.
  3. For external transfers to other employers.
  4. Internal transfers to other workplaces.
  5. Involvement in overtime types of obligations.
  6. Dismissal of subordinates, regardless of the reason.
  7. Determining the order in which vacations are granted.

We invite you to find out what positions you can earn municipal experience in

The familiarization procedure becomes a familiar and quick affair if a familiar environment develops at the enterprise. Special meetings are held or documents are provided on an individual basis. Difficulties arise for companies if there is a conflict of interest.

conclusions

Several main conclusions can be drawn from the topic studied:

  • If the dismissed person fails to appear at the organization, a note is made on the order indicating the impossibility of familiarization on the day of payment due to his absence.
  • If the employee refuses to sign the order, a note of refusal is made in the order and a corresponding act of non-signing is additionally drawn up.
  • Signatures are not affixed by power of attorney, just as you cannot write a letter of resignation by power of attorney. Under such circumstances, the employee can always challenge the action of the trustee.
  • The act of refusal and non-signing does not have a special form. But it must contain mandatory items: data of both parties, the fact of refusal and signatures of all participating witnesses.
  • The act of refusal to sign does not tolerate errors, typos or corrections; this is fraught with consequences in court.
  • If the employee refuses to sign the act, a corresponding note is also made about this and the witnesses re-sign next to it.

The article describes typical situations. To solve your problem, write to our consultant or call for free:

Moscow - CALL

+7 St. Petersburg — CALL

8 Other regions - CALL

It's fast and free!

Entry in the order about the impossibility of familiarization

This must be recorded in the outgoing correspondence journal.

Only after the employee fails to appear, despite proper notification, can a report be drawn up stating the impossibility of familiarizing himself with the dismissal order, guided by Part 1 of Art. 84.1 Labor Code of the Russian Federation. True, even in this case there is still a risk that in the future the employee will challenge his dismissal.

He will have a month to challenge it under Art. 392

Info

According to the Labor Code of the Russian Federation, the limitation period will be calculated from the moment the dismissal order is served. Thus, the deadline for challenging it when notified by registered mail will be significantly extended. At the same time p.

45 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 clearly states that violation of the dismissal procedure may cause the employee to be reinstated in his previous position.

Act of refusal to sign the act

An act is a document recording a significant event or action. The scope of application of the acts is wide: from documenting the transfer of inventory items to recording the condition of an apartment flooded by a neighbor above.

Files in .DOC: Form of act of refusal to sign an act Sample of act of refusal to sign an act

Within the framework of labor legislation, an act can be a document recording the commission of a disciplinary violation by an employee. An act of refusal to sign the act is drawn up if one of the interested parties has read the act, but does not agree with its contents.

Additional rules for the procedure

If the case is sent to court, the relevance of the document increases. The judge is very likely to take the side of the victim when doubts arise as to how appropriate the measure of discipline or dismissal of employees was.

We suggest you familiarize yourself with the mattress cover, it doesn’t fit, you can return it to the seller

Therefore, the more documentation there is, the better. She is able to confirm that any measures were taken in accordance with applicable laws. The deed of refusal is one of the important pieces of evidence.

Before issuing layoffs or penalties, employers should take care of the following issues:

  1. The first step is to carefully study the memo from the person who heads the structural unit.
  2. Next, they move on to drawing up a report describing what happened.
  3. You cannot do without receiving an explanatory note from a subordinate regarding what happened.
  4. Only at the next stage do they move on to drawing up the order itself. Familiarization with it by the employee himself under signature is also one of the mandatory requirements. A mark is placed on the document if the citizen is simply physically unable to complete the procedure.

The act is drawn up in cases where there is a clear intentional evasion of familiarization. According to the rules, the shelf life for such papers is up to three years. Then there will be one more proof of actions within the law.

One of the first steps when employees refuse to familiarize themselves with documents is to assemble special commissions, whose employees are informed about the current situation. The best option is for at least one of the following to be present on this commission:

  • an ordinary employee;
  • personnel officer;
  • lawyer.

After this, a commission is assembled and an employee is invited. They show the order and ask you to sign as proof of familiarization.

Even if the other side continues to refuse, its position becomes more vulnerable. Witnesses appear who can confirm that the information has been communicated to the other party. At the next stage, the act itself is drawn up.

Is a signature required on the deed?

As a rule, the deed is drawn up by one interested party and provided to the other party or parties for review and signature. In some cases, the other party or parties, after reviewing it, may not agree with the contents of the act and refuse to sign. Quite often, such a refusal may follow from the misconception that if one of the parties does not sign the document, then the document will be invalid. However, it is not.

The refusal of a party to sign the act is its right, but does not deprive the document of legal force, provided that the very fact of providing the act for review and signature is recorded. Thus, the act of refusal to sign the act performs two functions:

  • allows you to confirm that the document was actually provided to the interested party for review;
  • allows you to record the very fact of refusal to sign.

The following grounds have been established for drawing up an act of refusal to sign the act:

  • express refusal of the party to sign the document after familiarization;
  • expiration of the period specified in the law or in the contract as the time allotted to the party to sign the act.

As a rule, contracts for the performance of work or the provision of services initially indicate the time period allotted to the party for signing the act presented to it, for example, 15 days after receipt, 30 days, etc. The act of refusal to sign the act, therefore, can be drawn up only after the expiration of the period specified in the contract. If the document is drawn up earlier, it will not be valid.

In turn, other deadlines may be regulated by law.

We confirm delivery

One of the important conditions for drawing up an act of refusal to sign the act is confirmation of the fact of delivery of the original act to the interested party. The act itself can be sent in the following ways:

  • delivered in person or by courier. In this case, on the copy of the document, the party that accepted the act puts a registration stamp with the date and signature of the person who accepted the document (manager, clerk);
  • sent by mail with acknowledgment of delivery. In this case, upon receipt of a registered letter, a representative of the interested party will indicate his data on the notification, which will be returned to the sender of the letter.
Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
Business guide