Failure to conclude an employment contract. It’s a rare person who carefully checks the text for possible errors and pitfalls when filling out documents and concluding contracts.

Yes. Which, however, does not mean the law allows us to accept people’s labor “without papers.” An alternative to an employment contract is civil contract(aka - about paid provision of services).

It does not provide the worker with the guarantees provided for by the Labor Code of the Russian Federation (paid sick leave, for example, vacations), but does not relieve the employer from the need to make the necessary contributions (including pension contributions).

A civil law contract means, in fact, almost nothing. He does not even imply a full-time position. All that he records is that one person provided paid services in the form of some kind of work.

The absence of any fixed form leads to litigation. Which very rarely end in favor of the applicant.

Signing deadlines

The deadline for the employer to sign the document is: 3 days. If the candidate is not Russian, then the employer is obliged.

If the document was not signed, but the employee began his duties in his position, then the law considers such an agreement to be concluded (Article 67 of the Labor Code).

Cons

Here everything depends on whether there was at least something “paper” that could confirm the fact that the citizen started working in the designated position, and in general provided the employer with some kind of paid services.

Because in this case, the emergence of a labor dispute is more than likely (there will be no conscientious and decent employer refuse to accept official responsibility).

But let's even assume. If they accept your claim, how will you prove it? Even a lawyer in this case can't help.

It is not clear what “advantages” candidates are counting on?

Common cases:

dismissal. They can “ask” at any time, without explanation and without severance pay;
non-payment or delay of wages;
no insurance premiums;
failure to register in the work book - the work done will not be included in the length of service.

As you can see, there is nothing at all from the proposed list that could even indirectly pass for an advantage. Often employers lure candidates with a large salary.

But again, who can guarantee that they will pay you? What if it goes to court? Again the employee does not benefit- it is almost impossible to win such a dispute on your own, and the lawyer will ask for payment for his services.

Proof of work

Evidence may include things like:

Testimony.
Order for employment.
Local documents indicating your presence.
Certificates, salary receipts, receipts.

If a cunning employer does not want to register you in any way, despite his promises about official activities, No need shout that you are suing.

Among other things, the employee may also claim material damage.

Employer's liability

Of course, a dishonest businessman cannot expect anything good for not concluding an employment contract with an employee. The employer's responsibility for working without an employment contract is provided for both administrative and criminal (if suddenly the state does not like his “hide and seek” with taxes).

According to Article 5.27 of the Administrative Code, for the absence of an employment contract with an employee a fine is provided. If this is an official, then up to 5000 rubles. The same applies to an individual entrepreneur. Well, if we are talking about a company, then from 30 to 50 thousand. They can suspend activities - up to 90 days.

Judicial practice

Alas, far away it doesn't always work out to defend their rights from deceived workers.

Thus, the Moscow court rejected the claim of a citizen who believed the bank that hired her for a respectable position.

The organization did not conclude an employment contract with the employee within the promised period.

They explained it this way: in their opinion, the candidate not qualified enough for such a responsible position and they don't want to take it.

What, unfortunately, the credit institution proved in court was both the applicant’s diploma and her experience, which turned out to be insufficient - in accordance with the qualification requirements.

No one remembered that the woman actually worked for the bank for some time - there was no confirmation. There are also examples of the opposite - however, this did not really help the employee.

Muscovite Borisova went to court with a demand to oblige the organization where she worked as a sales manager to register her officially. The company initially promised her this, but even after the trial period was in no hurry to fulfill the promise.

The court considered the fact of Borisova’s work proven and an employment contract was concluded with her. However, after a month she was completely legally fired, and they didn’t even offer to write a statement of their own free will. The history of labor activity was decorated with an unpleasant fact.

Still It’s better to register workers legally and sleep peacefully. The employer must remember the responsibility for failure to conclude an employment contract. Not everyone will turn out to be legally illiterate and silently accept the “tales of the Vienna Woods” about the impossibility of drawing up an employment contract. And the benefits for the enterprise from such things are very doubtful- not to mention reputation.

Upon actual admission to work, the employer is obliged to formalize with him in writing no later than three working days from the date of actual admission to work, and if. Articles, comments, answers to questions. does not sign Question: Is a person considered if his signature is not on the contract or employment order? (Expert consultation, 2012) Question: Is a person considered an employee if his signature is not on the contract or employment order? Guide to HR issues.

An employment contract not signed by an employee: reasons and legal consequences

An employment contract that is not formalized in writing is considered concluded if it has begun work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an agreement with him in writing no later than three working days from the date the employee is actually admitted to work. The contents of Art.

If the employee refuses to sign an employment contract

67 of the Labor Code of the Russian Federation, an employment contract must be concluded in writing. It is mandatory to draw it up in two copies, each of which is signed by the parties. However, an agreement that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to formalize a written employment agreement with him no later than 3 working days from the date of actual admission to work.

pay wages on time and in full. Those. If one party does not sign the TD, then it is considered not concluded and the salary may not be paid. Maybe this will convince the employee to sign?

I want to draw the moderator’s attention to this message, because: if one party, the employee, does not sign the TD, then it is considered not concluded and the salary may not be paid.

Can I be fired under the article if the employment contract has not been signed?

So, a month later, they show me my application (which is handwritten) and in the upper corner is the director’s visa. accept with trial for a period of ONE month). As a result, 2 weeks end after I wrote my resignation letter. Among these 2 weeks, I didn’t work for 3 days, but every time I came in the morning, I was told that there was no equipment yet, it would be tomorrow. and I was leaving. Now they are trying to interpret this as my absenteeism (absence from work for no official reason). As a result, can I be fired under the article (for absenteeism).

If the employment contract is not signed by the employee

67 of the Labor Code of the Russian Federation must be concluded in writing. It is mandatory to draw it up in two copies, each of which is signed by the parties. However, an agreement that is not drawn up in writing is considered concluded if work has begun with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up a written agreement with him no later than 3 working days from the date the employee is actually admitted to work.

What to do if an employee refuses to sign an employment contract

The development of events can be very different. Especially if the employee hides the real reasons from you. Let us remind you that in accordance with Art. 16 of the Labor Code of the Russian Federation, you have already established a relationship (the employee is actually admitted, and, most likely, you have already paid him wages at least once).

Therefore, in accordance with Art. 67 of the Labor Code of the Russian Federation, it is necessary to formalize the relationship in writing. We will not consider the possible reasons for the employee’s refusal to sign the contract.

If the employment contract is not signed by the employee

67 of the Labor Code of the Russian Federation, an agreement is concluded in writing, drawn up in two copies, each of which is signed by the parties... an agreement not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing later than three working days from the date of actual admission to work.

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

Although the priest, removed from priestly service and removed from the staff of the Saratov Diocese, had a work record book with a record of dismissal, the courts of two instances decided that the Labor Code did not apply to him. April 8 By order of the governor of the Kemerovo region, Aman Tuleyev, the regional parliament urgently adopted a law banning the activities of collection companies in the Kuzbass region.

The labor relations between the employee and the employer presuppose the existence of a concluded agreement between them. However, there are often cases when work is carried out without an employment contract. In which of them can the employer be held liable for this?

Labor or civil law

An employment contract is the basis for the emergence of labor relations.

It is possible to talk about the legality of concluding a GPC agreement only if it does not cover labor relations; the purpose of a civil contract is its specific result, and payment under the contract is made upon achieving this result. In this case, the absence of an employment contract is legal.

But if between the customer organization and the executing citizen (as the parties to such a civil process agreement are called in most cases) such a relationship has developed when the first requires the second to comply with the labor rules and the work schedule established in the organization, work in a specified position (profession) and pay he receives a salary for this, there is an actual labor relationship covered by a civil process agreement.

And this is directly prohibited by Part 2 of Art. 15 of the Labor Code of the Russian Federation and is punishable under the Code of the Russian Federation on Administrative Offenses.

Actual permission to work, and an employment contract later

Situations are possible when the employer has not concluded an employment contract with the employee (has not formalized it), but the employment relationship has developed on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or a person authorized by him to take such actions.

In this case, the employer may incur administrative liability for improper or untimely execution of the employment contract.

Unregistered workers

Working without an employment contract also entails administrative liability for the employer.

Failure to conclude an employment contract with an employee in order to evade the employer’s obligations under labor law is a gross violation that carries the worst consequences for the employee.

The latter is completely defenseless against such a fraudulent employer: he is not guaranteed either wages, compliance with labor safety requirements, or deductions of insurance premiums, etc.

Often, failure to register an employment relationship is accompanied by other serious violations of legislation (tax, etc.) by the employer.

What to do if the employer has not concluded an employment contract. Where should an employee go to protect their labor rights?

Employment contract is an agreement between an employee and an employer, according to which the employer undertakes to provide the employee with work, create proper working conditions, and pay wages. The employee undertakes the obligation to perform a labor function in the interests of the employer, to comply with the internal labor regulations established by the employer.

The obligation to conclude an employment contract in writing rests with the employer. He is obliged to conclude an employment contract with the employee no later than three working days from the moment the employee is actually admitted to work (Part 2 of Article 67 of the Labor Code of the Russian Federation).

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative.

In practice, situations often arise when the employer has not concluded an employment contract with the employee, while the employee has actually begun to perform his job duties. For what reasons may an employer not formalize an employment relationship with an employee? Yes, completely different. He can do this deliberately, wanting to reduce the financial burden in the form of various deductions. He can do this without malicious intent, for example, simply forget. The employer's motives may be different, but in any case, failure to conclude an employment contract is a gross violation of the employee's rights.

Actions of an employee in case the employer has not concluded an employment contract

To restore their rights, in order to oblige the employer to conclude an employment contract in writing, we recommend that employees take the following actions. These actions can be sequential or can be applied separately. It all depends on the specific situation, the motivation of the employer and the level of his “stubbornness”.

Appeal to the head of the organization

Under some circumstances, the employee’s appeal to the employer produces positive results, and an employment contract is concluded with the employee. To achieve this goal, the employee needs to draw up a statement addressed to the head of the organization, in which he outlines the essence of the problem and proposals for solving it.

It is recommended that the application be completed in two copies.
The first copy is handed to the official for registration and subsequent transfer of the application to the manager (as a general rule, such officials in organizations are the secretary, the clerk).
The second copy with a mark on registration and acceptance of the application (registration number, date of receipt and signature of the person who accepted the application is indicated) is returned to the employee.
In case of refusal of the manager (his officials) to accept and (or) register the application, the employee should send it by registered mail with notification to the address of the actual location of the employer.

From the moment the employee’s application is received and registered, the employer is obliged to consider it and make a decision.

Contacting the authorized body

In cases where the employer has not concluded an employment contract even after the employee’s request, the employee has the right to apply for restoration of violated rights to the authorized bodies. These include the trade union, the labor dispute commission, the prosecutor's office, and the labor inspectorate.

The law does not limit the employee’s right to appeal to one or more authorized bodies to protect or restore violated rights.

We will contact the authorized body using the example of the labor inspectorate.

An employee can send an appeal (complaint) to the labor inspectorate about violation of labor rights in the following ways:

through the post office by registered mail with notification;
by posting an appeal electronically on the official website of Rostrud;
by personal appeal to the State Labor Inspectorate at the place of registration of the employer (organization).

As a general rule, an appeal is registered within three working days from the date of its receipt and is considered within 30 working days. During this period, the State Labor Inspectorate is conducting an unscheduled (on-site, documentary) inspection of the facts stated in the employee’s statement (complaint) about the violation of his rights, regarding the refusal to formalize the employment relationship by the employer.

Based on the results of the unscheduled inspection and if a violation is confirmed, the employer is issued an order to eliminate the violation of labor legislation requirements.

By decision of the State Tax Inspectorate, guilty officials or legal entities are subject to (warning, administrative fine), and a deadline is set for eliminating the violation.

I propose to consider the method of submitting an application to the inspectorate electronically through the “Online Inspection” website

Step 1. On the main page of the site, select the section: “Report a problem.”

Step 2. Select the “Hiring” subsection.

Step 3. Select a problem category.

Step 4. You need to select one of the options for the result expected from the check:

organize verification of the stated facts;
initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility;
advise on questions asked.

Step 5.

Depends on the option selected in step 4. If you want to organize an inspection or bring the perpetrators to justice, you will be asked to log in through the State Services portal.

If you just want to consult on a question, you will be asked to fill out a request form on the website.

Restoration of rights in court

Restoration of an employee’s legal rights can also be implemented in court, in cases where the employee’s appeals to the employer or authorized bodies did not produce positive results. To do this, the employee, independently or by engaging a qualified lawyer, draws up and sends a statement of claim to the court at the place of registration of the employer.

Sample statement of claim to court

It should be noted that in order for the court to recognize the existence of an employment relationship, the employee must prove that he was actually accepted and actually allowed to work for this employer. The main documents confirming the fact of an employment relationship can be: extracts from briefing logs, duty schedules and time sheets, as well as payroll records, written requests from the employee to the employer.

The Plenum of the Supreme Court of the Russian Federation recently spoke about the characteristic features of labor relations. See “On the application by courts of legislation regulating the labor of employees working for employers - individuals and for employers - small businesses that are classified as micro-enterprises.”

To sum it up
If the employer has not concluded an employment contract, this does not negate the fact of the employment relationship. The employee himself can remind the employer of the need to consolidate the relationship in writing. Or he can apply for protection of his rights to authorized bodies, including the court.

Our employee does not want to sign an employment contract. Doesn't explain the reasons. It could be anything. Will we be subject to any sanctions?

Despite the fact that the situation, of course, is not so common (usually employers are in no hurry to formalize the relationship), there is no need to treat it as an ordinary matter. The development of events can be very different. Especially if the employee hides the real reasons from you.

Let us remind you that in accordance with Art. 16 of the Labor Code of the Russian Federation, you have already established an employment relationship (the employee is actually admitted, and, most likely, you have already paid him wages at least once). Therefore, in accordance with Art. 67 of the Labor Code of the Russian Federation, it is necessary to formalize the relationship in writing.

We will not consider possible reasons for an employee’s refusal to sign an employment contract. We will only give an algorithm for your actions. Do not forget that you and the employee may not have reached agreement on essential working conditions - but at the same time you should not have allowed him to work. The following actions are aimed at protecting you from an unscrupulous employee.

Record the fact of refusal to sign. Invite the employee to an official conversation, take minutes of it, record it on audio (video). Warn the employee that the conversation is being recorded.
Give the employee a copy of the employment order. Strictly speaking, this would be a violation - after all, the employment contract serves as the basis for such an order. But in this case, it is not your fault that the employee suddenly does not conclude it. In the order, you MUST indicate the salary amount (salary, allowances). This will be additional insurance against a possible lawsuit related to the fact that you allegedly agreed on much more money.
As an option, familiarize the employee with the staffing schedule or other document indicating the salary for this position.
Pull up all the tails. Upon signature, familiarize the employee with the Internal Labor Regulations, Regulations on Remuneration and Bonuses, and other local documents with which the employee must be familiar (especially with those documents that, in accordance with the law, are familiarized with before the start of the employment relationship). Conduct occupational safety training. Organize an on-the-job internship.

IMPORTANT. Theoretically, an entry in the employment record cannot be made: it is made on the basis of an order for admission, and the order, as already noted, is based on an employment contract.

If the employee persists, there is nothing to do, more stringent measures must be taken. You cannot work without an employment contract.

The most convenient way is to remove an employee from work due to failure to complete labor safety training due to the employee’s fault (failure to pass a knowledge test, instruction, etc.).

As for dismissal, this is a controversial issue. Unfortunately, there is no reason. Just as there are no grounds for canceling the contract. In fact, the employee performs a labor function. A stalemate for both parties: an employment contract has been concluded, but not formalized.

Let us repeat: in any case, the fact of refusal to sign must be documented DOCUMENTARY, because By law, the obligation to conclude a contract (preparation, etc.) is still assigned to the employer.

Related news

"Labor Law", 2009, N 4

An employment contract not signed by an employee: reasons and legal consequences

In practice, situations often arise when a person applying for a job does not sign the text of the employment contract.

In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work. The contents of Art. Art. 56 and 57 of the Labor Code of the Russian Federation, the last of which, in particular, lists the conditions mandatory for inclusion in an employment contract, and also clearly states that if, when concluding an employment contract, any mandatory conditions were not included in it, then this is not a basis for recognizing the employment contract as not concluded or for its termination. In this case, the employment contract must be supplemented with the missing conditions.

However, in practice, situations often arise when a person entering a job, an employee, or a dismissed but subsequently reinstated employee, for one reason or another does not sign the text of the employment contract, including within the period provided for in Part 2 Art. 67 of the Labor Code of the Russian Federation, which creates an almost insoluble problem, primarily for the employer. After all, the same art. 67 of the Labor Code of the Russian Federation imposes the obligation to draw up an employment contract with an employee in writing on the employer. In this connection, the employer will also bear responsibility for failure to fulfill this obligation in the presence of guilt.

As a rule, it is the employers themselves who initially make the mistake here. For example, in one of the housing and communal services organizations in the Amur region - Teplo LLC (Tambovka village) - literally the entire team consisted of people dismissed from the previously existing municipal unitary enterprise Tambov Housing and Communal Services due to its liquidation. Moreover, all of them worked in the new organization for more than six months without written employment contracts, which they refused to sign when they started working due to dissatisfaction with the wage conditions offered there. Another example. M.I. Ilyasova was accepted with the conclusion of a written employment contract at ZAO Stroitel in Blagoveshchensk, Amur Region, for the position of accountant available in the staffing table in force at the time of hiring. But in fact, when hiring, there was an oral agreement between the named employee and the director of the company that M.I. Ilyasova will act as a lawyer, which is what actually happened. After the illegal dismissal, the court reinstated M.I. Ilyasov at work, of course, as an accountant. The employee, despite this, continued to insist on providing her with a job as a lawyer, refusing to sign and receive a copy of the accountant’s job responsibilities, which were not presented to her by the employer in accordance with Art. Art. 57, 67, part 3 art. 68 of the Labor Code of the Russian Federation when hiring, but were offered for signature only after the court decision on reinstatement entered into legal force. Another incident. V.G. Mikhaleva worked as a part-time dentist at Aphrodite LLC in Blagoveshchensk, Amur Region. After illegal dismissal under paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the court also restored V.G. Mikhalev at work, and the state labor inspector of the State Labor Inspectorate in the Amur Region, during an inspection at the request of the employee, ordered the employer, among other things, to supplement the employment contract with V.G. Mikhaleva with the missing conditions on working hours and rest periods and on wages. Aphrodite LLC, fulfilling the order of the state labor inspector, alternately sent V.G. Mikhaleva two different versions of annexes to the employment contract, containing the listed missing conditions of the employment contract. But none of them was signed by the employee due to disagreement with the proposed conditions. V.G.’s own proposals on the issue under consideration. She did not nominate Mikhalev to her employer. And so on.

In such cases, it is possible to assert that an agreement has been reached between the employer and the person who has not signed the document called the employment contract (or its integral part), which represents the essence of the employment contract, only when, among the mandatory conditions provided for in Part 2 of Art. . 57 of the Labor Code of the Russian Federation, there is a clear agreement on those of them that are not only mandatory, but also necessary conditions of the employment contract, i.e. such conditions without which the employment contract cannot be considered concluded and valid, about which it can be said that it has (has) taken place. These conditions can rightfully include only such as place of work, job function and start date of work<1>. There should be no dispute over them, even if they were agreed upon only verbally. The proposal to include among such conditions the condition on wages is not devoid of logic and is quite reasonable.<2>. Although, in particular, among the above examples - in the first and third - the parties to the employment contract were not resolved, first of all, the issue of the amount and components of remuneration, despite the fact that the employees still carried out activities within the framework of labor relations, receiving from the employer throughout their entire duration an indisputable part of the earnings. I believe that if at least one of the parties to both a written and oral employment contract is not sure of the content of its terms regarding the place of work, job function and start date of work, and in almost all cases also remuneration, then there is no point in continuing the work There are no relations based on such an “employment contract”.

<1>See Commentary on the Labor Code of the Russian Federation (short article-by-article) / Rep. ed. Orlovsky Yu.P. 2006.

Read also: The procedure for hiring and dismissing employees

<2>See Kozlova T.A. Employment contract: concept and its content // Labor Law. 2006. N 2. P. 20.

Protecting itself from possible claims, including from officials of supervisory and control authorities, the employer must approach the solution of each specific problem individually, acting in legal ways. Thus, if it is not possible to agree on paper with at least the necessary working conditions at the very beginning, when applying for a job, with a person (persons) applying for a job due to the refusal of such a person to sign for their approval, it seems right not to allow this person to work, since it is obvious that no employment contract has been concluded here, no labor relations have arisen. Unfortunately, the reality is that in reality, between the employer and the person applying for work, as a rule, there is not an equal discussion of the terms of the future employment contract, ultimately arriving at a mutually acceptable solution, but something similar to what is called a contract of adhesion in civil law. But even within this framework, persons wishing to enter into labor relations as employees have the opportunity, if not to force the employer to accept their claims, then, in any case, not to bind themselves to labor obligations with an employer whose offer does not seem attractive.

A more complicated case is when the employee is already working with the knowledge or on behalf of the employer or his representative, and the employer began to formalize his employment, in particular to draw up an employment contract in writing, for example, only on the second day from the start of work. However, the amount of time that has passed from the moment the employee actually begins work until the moment his hiring is documented is no longer of fundamental importance in relation to the issue under consideration. Ideally, the mandatory or at least necessary conditions of the employment contract here should initially be clearly stated orally, and when the contract is drawn up in writing, they should only be reflected unchanged on paper. However, in the majority of cases, what the employer records in the text of the employment contract is not the essence of the conditions that were discussed with the person applying for work, but which significantly worsens the employee’s situation. In most cases, we are, of course, talking about wage conditions and job responsibilities. Sometimes, on the contrary, the behavior of an employee who begins to demand the conclusion of a written employment contract on conditions that were not initially discussed and the implementation of which is beyond the capabilities of the employer, etc. is incorrect. In any of the described cases, perhaps the only possible legal course of action for the employer would be to draw up a written employment contract that is as close in content as possible to the one previously concluded orally. This employment contract must be presented to the employee for signing, and one copy must be handed over to him, as required by Part 1 of Art. 67 of the Labor Code of the Russian Federation. The employee’s refusal to sign a written employment contract must be timely recorded in an act or other document, from which information about the fact, exact place and time, and other circumstances should be clearly visible in which the employment contract was presented to the employee for signing, but was not signed by him. In the same act or other document, it is advisable to indicate the reason why the employee refused to sign the employment contract, if known. In the same way, the employee’s refusal to sign on a copy of the employment contract kept by the employer should be recorded when receiving a copy of the employment contract. If an employee does not agree with the terms of a written employment contract, which, in his opinion, are distorted in comparison with those agreed upon when joining a job, if this employee still wants to continue to be in an employment relationship with the employer, there is nothing left to do but contact the labor authority. consideration of individual labor disputes with relevant requirements.

In modern domestic labor legislation and other regulatory legal acts containing labor law norms, there is an increasingly clear tendency towards written confirmation of various actions (inactions) of each of the parties to the employment contract in labor relations, which is aimed exclusively at their own benefit. And first of all, it is worth carefully confirming the very beginning of the employment relationship and determining its conditions, drawing up and executing a written employment contract as fully and correctly as possible.

Signed for seal

The employee does not sign the employment contract

An employment contract not signed by an employee: reasons and legal consequences

If the employment contract is not signed by the employee

pay wages on time and in full. Those. If one party does not sign the TD, then it is considered not concluded and the salary may not be paid. Maybe this will convince the employee to sign?

I want to draw the moderator’s attention to this message, because: if one party, the employee, does not sign the TD, then it is considered not concluded and the salary may not be paid.

Can I be fired under the article if the employment contract has not been signed?

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

Question in the section: What threatens the organization if an employment contract has not been concluded?

d. It was decided to fire him for absenteeism. But the employee himself objects to this, saying that without an existing labor organization, the organization does not have the right to fire him. Do we have the right to fire him in this case? What threatens the organization if the contract was not concluded? According to Part 1 of Art. 16 of the Labor Code of the Russian Federation, labor relations between the employer and the employer arise on the basis of the labor contract concluded by them. - an agreement between the employer and, in accordance with which the employer undertakes to provide the employee with work for a specified function, to provide working conditions provided for by legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement, in a timely manner and pay the employee wages in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Art.

Read also: Dismissal upon liquidation of a payment organization of the Labor Code of the Russian Federation

If the employment contract is not signed

) So you can’t just “pick up your work and go home.” Write your resignation letter as required. Did you sign the acceptance order? yes, I signed the order, well then I agree with Bukovka: “You can try to negotiate so that they fire you at the number you need (without working off), and you will sign them for it.

If the employment contract is not signed by the employee

And not allowing a friend to work can be regarded as removal from work, Article 76, and in accordance with it you have no grounds to remove him, but such a smart person gets a head start to fight with you through the GIT, IMHO. it seems that he is waiting for the period set for the conclusion so that then, if something happens, he can leave without working for 2 weeks (like we violated the Labor Code and did not conclude an agreement) If a friend believes that you are obliged to pay money in connection with such dismissal ( severance pay in the amount of average monthly earnings).

An employment contract not signed by an employee: reasons and legal consequences

An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work. The contents of Art.

Refusal of an employee to sign an employment contract

67 of the Labor Code of the Russian Federation, the contract must be concluded in writing. It is mandatory to draw it up in two copies, each of which is signed by the parties. However, a labor contract that is not formalized in writing is considered concluded if it began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days from the date the employee is actually admitted to work.

If the employee refuses to sign an employment contract

This material explains how to protect yourself and what to pay attention to to avoid problems. The author shares his experience on the issue of drawing up employment contracts from the point of view of regulatory authorities, focusing on the attitude of the employer himself, which often leads to controversial situations.

In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract must be concluded in writing. It is mandatory to draw it up in two copies, each of which is signed by the parties. However, an employment contract that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than 3 working days from the date the employee is actually admitted to work. Let us also turn to the contents of Art. Art. 56 and 57 of the Labor Code of the Russian Federation, which, in particular, lists the conditions that are mandatory for inclusion in an employment contract, and also clearly states that if, when concluding an employment contract, any mandatory conditions were not included in it, then this is not a reason to recognize the employment contract as not concluded or as a basis for its termination. In this case, the employment contract must be supplemented with the missing conditions.

So, the employer’s obligation to conclude an employment contract is a guarantee of the employee’s rights. However, in this situation, how can the employer protect himself from the employee’s actions that could lead to unpleasant consequences?

In practice, situations often arise when a person entering a job, or an employee already working for a given employer, or an employee who was fired but subsequently reinstated at his previous place of work, for one reason or another does not sign the text of the employment contract, creating an almost insoluble problem, primarily for the employer. Provisions of Art. 67 of the Labor Code of the Russian Federation imposes the obligation to draw up an employment contract with an employee in writing on the employer, and Part 2 of Art. 67 of the Labor Code of the Russian Federation establishes the deadline for drawing up (signing) an employment contract, which in this scenario will be violated.

In this connection, responsibility for failure to fulfill this obligation, if there is fault, will also be borne by the employer.
As a rule, it is the employers themselves who initially make the mistake here.

Example. In Teplo LLC (Tambovka village) - one of the housing and communal services organizations in the Amur region - literally the entire team consisted of people fired due to the liquidation of the previously existing municipal unitary enterprise Tambov Housing and Communal Services. At the same time, all employees worked in the new organization for more than six months without written employment contracts, which they refused to sign when they started working due to dissatisfaction with the wage conditions offered there.

Ilyasova M.I. accepted into CJSC Stroitel in Blagoveshchensk, Amur Region, to the position of accountant, which was in the staffing table in force at the time of hiring. According to the oral agreement between the named employee and the director of CJSC Ilyasova M.I. was supposed to carry out the duties of a lawyer, which actually took place. After the illegal dismissal, the court reinstated M.I. Ilyasova. at work, of course, as an accountant. The employee, despite this, continued to insist on providing her with a job as a lawyer, refusing to sign and receive a copy of the accountant’s job responsibilities, which were not presented to her by the employer in accordance with Art. Art. 57, 67, part 3 art. 68 of the Labor Code of the Russian Federation when hiring, but were offered for signature only after the court decision on reinstatement entered into legal force.

Mikhaleva V.G. worked at Aphrodite LLC in Blagoveshchensk, Amur Region, as a part-time dentist. After illegal dismissal under paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the court restored Mikhaleva V.G. at work, and the state labor inspector, during an inspection at the request of the employee, obliged the employer to supplement the employment contract with V.G. Mikhaleva. missing conditions on working hours, rest time and wages. The director of Aphrodite LLC, fulfilling the order of the state labor inspector, alternately sent Mikhaleva V.G. two different versions of annexes to the employment contract containing the listed missing terms of the employment contract. But none of them was signed by the employee due to “disagreement” with the proposed conditions. Mikhaleva V.G. made his own proposals on the issues under consideration. I didn’t present it to my employer.

In such cases, it is possible to assert that an agreement has been reached between the employer and the person who has not signed the employment contract (or the changed conditions introduced by the additional agreement), which represents the essence of the employment contract, only when, among the mandatory conditions provided for in Part 2 of Art. . 57 of the Labor Code of the Russian Federation, there is a clear agreement on the conditions that are not only mandatory, but also necessary, that is, those without which the employment contract cannot be considered valid. Such mandatory and necessary conditions can rightfully include:
— place of work;
— labor function;
— start date of work .
———————————

Failure to conclude an employment contract. It’s a rare person who carefully checks the text for possible errors and pitfalls when filling out documents and concluding contracts.

Signing deadlines

Cons

Proof of work

Employer's liability

Judicial practice

An employment contract not signed by an employee: reasons and legal consequences

If the employee refuses to sign an employment contract

Can I be fired under the article if the employment contract has not been signed?

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

Labor or civil law

Actual permission to work, and an employment contract later

Unregistered workers

Actions of an employee in case the employer has not concluded an employment contract

Appeal to the head of the organization

Contacting the authorized body

Restoration of rights in court

Related news

The employee does not sign the employment contract

An employment contract not signed by an employee: reasons and legal consequences

If the employment contract is not signed by the employee

Can I be fired under the article if the employment contract has not been signed?

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

What to do if an employee refuses to sign an employment contract

If the employment contract is not signed by the employee

Question in the section: What threatens the organization if an employment contract has not been concluded?

If the employment contract is not signed

If the employment contract is not signed by the employee

An employment contract not signed by an employee: reasons and legal consequences

Refusal of an employee to sign an employment contract

Most read

If the employee refuses to sign an employment contract