What Happens If Employee Refuses to Sign New Contract

3 Written record: If the employee still refuses to sign after the deadline, it is very important to ensure that a confirmation letter or email is sent to the employee confirming the following: A signature can be made by hand or electronically. For example, it could be entering your name completely, signing with your finger or pen on a touchscreen device, or inserting your signature electronically. One thing the employer can do is to include in the employment contract a clause that anticipates (and possibly describes) possible changes to the employment relationship and states that the employee accepts such potential changes. Such situations can be difficult for employers to manage. There will often be legitimate business reasons to update employment contracts. The employer is also required to keep a copy for at least one year after the employee leaves the organization. If you give them a contract, let them know that it will come into effect in 4 weeks. Make a decision about the importance of having a contract signed. But be careful to avoid any hints of coercion or pressure – the purpose of the discussion is to examine concerns about not getting a signature. 1 Get to know your employee: Your next step is to talk to them. Make sure your meeting is private. Explain that the company is required to submit the employment contract.

Ask the employee if they have any questions or concerns about the contract. Answer any questions the employee may have that you may have in the documentation. If you don`t know the answer, tell the employee you don`t know instead of giving the wrong answer and explain that you`ll get back to them as soon as you know. A signature indicates that the signatory has read, understood and accepted the terms of the document. You may want to sign your contract documents in digital format and ask yourself how you can do this. Well, there are a number of tools to help you! One such tool is SignX, a software that is quickly making a name for itself in the world of digital signatures. In fact, SignX offers one of the fastest, most secure, and legally binding electronic document signing platforms. It gives you the ability to digitize every decision in your business, workflow, and approval. The beauty of it is that SignX comes with many compelling features that allow you to manage and scan your documents.

An employer cannot use the fact that an employee has not signed the contract to deprive employees of their legal rights, for example by not allowing them to take their annual leave. Make sure you`ve given them a contract to read and sign before they start (I know some of you don`t like doing it, but trust me, it`s easier and more protective for your business to do it this way!). Never fire or fire an employee for refusing to sign a document without seeking advice, as this could expose you to unpleasant and costly employment claims. Do they refuse to sign their contract or have they simply not done so? [2] According to settled case law of the courts, the maintenance of existing terms and conditions of employment for existing workers is not a sufficient consideration. However, an offer of new employment is considered a sufficient consideration for new employees. How you proceed when updating or modifying agreements is likely to have a significant impact on how employees react. However, it is recommended to ensure that all new employees receive a full employment contract before they start working for you. If you are having trouble getting employees to sign their contract and don`t know how to do it, contact us today to discuss the situation and we can provide you with a sample letter to send to the employee(s). Employees are advised to sign and return a copy of their written agreement.

Ambiguity of what has been agreed between an employee and an employer can be avoided if the employer has a written copy signed by the employee. Find out everything you need to know to create robust employment contracts in your company. However, it is not recommended that employers invoke tacit acceptance, as an labour court may not draw the same conclusion and may be able to decide for itself which conditions are implied and which are not, which certainly does not mean that employers do not have to provide contracts or written statements on the details for employees. Employers may assume that such changes are purely procedural changes that document an employee`s existing obligations – in this case, to keep information private or confidential […].