According to the labor legislation of the Russian Federation, an employment contract is a bilateral agreement between an employee and an employer. The document regulates all conditions of work, rest and payment. If one of the parties does not agree to put their signature, it is necessary to solve the problem based on the specific situation.
Instructions
Step 1
If you hire an employee and he refuses to sign an employment contract, the employment relationship is considered invalid, and you have the right to enter into a contract with another job seeker. If the newly employed employee has the necessary education, experience, qualifications, and you do not want to lose such a valuable staff, find out the reason for the refusal to sign an employment relationship.
Step 2
You can revise the terms of the employment contract that do not suit the valuable employee, and reissue it according to the requirements in which the document will be signed by both parties. In practice, such situations are an exception to the rule, and most often the employer accepts a new job seeker who is ready to work under the conditions specified in the contract.
Step 3
Instead of an employment contract, you can enter into civil law relations or draw up a work contract. In this case, the employee will be considered freelance, and the relationship will be concluded for a certain period of time.
Step 4
A completely different thing should be done if an employee reinstated at work by a court decision or an employee who is already working refuses to sign an employment contract. The employer is responsible for correctly drawn up documents, and if the labor inspectorate finds that the employment contract has not been signed by both parties or one of the parties, an administrative fine will be imposed on the employer.
Step 5
If a working or reinstated employee refuses to sign an agreement, collect an administrative commission, draw up an act of refusal.
Step 6
The Labor Code does not contain clear instructions on further actions by the employer, so you yourself have the right to decide what to do. Any employer will always find a good reason to part with an unwanted employee. The main thing is that when checking the labor inspectorate, everything will be formalized in accordance with the law.
