Q: What do I do if an employee refuses to sign their employment contract?

A:

As the old adage goes, you can lead a horse to water but you can’t make it drink. There are various reasons why an employee may refuse to sign their contract of employment. Some employees may believe (erroneously) that by refusing to sign HR documents they may be able to use this against their employer later by claiming that they didn’t agree to be bound to the company’s rules. This is certainly not the case. Employees are bound to all (lawful) company policies and procedures that they are aware of, even if they haven’t signed them.

What an employer may wish to do when an employee refuses to sign their employment contract is to present the employee with a copy of the contract under cover of a confirmatory letter stating something along the lines of “We confirm your appointment to our company pursuant to the employment terms set out in the attached contract of employment.”

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements.