Short answer: In most private-sector situations, no—you generally won’t have a viable lawsuit against a prospective or current employee just for refusing to sign an employment contract. Your practical remedies are (a) don’t proceed with the hire or (b) for someone already working, use lawful management action (including discipline or, in narrow cases, termination with due process) if the refusal amounts to disobedience of a reasonable and lawful directive. Below is the full landscape so you can choose the right path with eyes open.

1) Baseline: Are written employment contracts required?

Not always. Philippine law does not require a written contract for most private employment. An employer–employee relationship may arise from actual work performed for pay under the employer’s control, even without a signed contract.
When written form matters:
- Fixed-term employment longer than one year should be in writing to avoid Statute-of-Frauds problems (enforceability issues).
- Project/seasonal arrangements are safer in writing to prove lawful status.
- Probationary employment requires that standards for regularization be made known at the time of engagement; a written contract is the cleanest way to evidence this notice.
- Foreign nationals and certain regulated roles may have documentary form requirements.
- Company policies/handbook aren’t legally mandatory but are best practice for discipline and due-process compliance.

Implication: Absence of a signature doesn’t erase your obligations (wages, benefits) or your rights (to enforce lawful policies). But it does weaken your proof.

2) What does a refusal to sign actually mean?

Refusal to sign can arise in different contexts. Your options depend on which one you’re facing:

Pre-employment refusal (offer stage):
- If the candidate won’t sign your offer/contract or required pre-employment documents (e.g., NDA, IP assignment), you can decline to proceed. There is generally no cause of action to “compel” a signature; consent is voluntary in contract law.
Already working, never signed:
- If the person already started working (e.g., on-boarding, payroll running) without signing, there is still an employment relationship based on conduct.
- You cannot sue merely to force a signature; instead, document the terms another way (detailed memo, email confirmation, policy acknowledgments, timekeeping/payroll records).
- You must continue paying lawful wages/benefits and comply with labor standards.
Refusal to sign a new or revised contract:
- You cannot unilaterally impose materially worse terms (lower pay, longer hours, new non-compete) without the employee’s consent.
- If the “signature” is to acknowledge receipt of policies (not to waive rights), consistent refusal might become insubordination—but only if the order is lawful, reasonable, known to the employee, and work-related. Even then, you still must observe due process before discipline.
Refusal to sign receipts (e.g., payroll or equipment):
- Require them to sign for acknowledgment only. If they refuse, use witnessed notations or contemporaneous emails to establish delivery or consent.

3) Can an employer sue to compel signing or recover damages?

Specific performance (forcing signature): Courts generally don’t compel personal services or signatures for private employment contracts.
Damages for refusal: Merely refusing to sign, by itself, rarely supports damages. You’d need an independent wrong (e.g., misuse of trade secrets, breach of a pre-existing agreement that is binding, fraud, or bad-faith misrepresentation).
Better forum is administrative, not judicial: Employment disputes ordinarily go to labor agencies/tribunals (NLRC/DOLE), not civil courts, unless you’re suing for a civil wrong distinct from labor claims (e.g., IP theft).

Bottom line: Litigation to punish non-signature is a dead end. Focus on conditions precedent (don’t onboard without signed essentials) or management action with due process.

4) When is discipline or termination possible?

Only with care. Dismissal requires a just cause and due process (notice to explain, chance to be heard, notice of decision). “Refusal to sign” can sometimes fit willful disobedience if:

The instruction is lawful and reasonable (e.g., “Please sign acknowledgement of our safety policy you’ve read.”),
The employee knew of the order,
The order is related to duties or workplace governance, and
The refusal is willful (not confusion or good-faith concern).

Gray line: Asking someone to sign a document that waives statutory rights (e.g., to overtime pay or security of tenure) is not a “lawful” order. Refusal to sign such a waiver cannot be grounds to dismiss.

Safer path: If what you truly need is confirmation that standards/policies were communicated, you may discipline for failure to comply with reasonable documentation procedures (e.g., refusing to acknowledge receipt after repeated, clear requests)—not for refusing to “agree” to new terms.

5) Special contexts

Probationary employment: If standards aren’t communicated at engagement, the employee can be deemed regular. If the employee won’t sign, serve a written notice detailing job standards on Day 1 and obtain any acknowledgment (email reply, HR portal click-through, witnessed note).
Fixed-term/project/seasonal: Put terms in writing before work starts. If the person refuses to sign, do not deploy. Post-deployment, you risk the engagement being treated as regular employment.
Confidentiality, IP assignment, data privacy consents: Make these conditions of hiring. If already employed and they refuse to sign new IP or privacy documents that are necessary and reasonable to run the business, you may treat persistent refusal (after clear instruction and explanation) as insubordination, with due process—but do not attempt to claw back statutory rights.
Arbitration clauses: Employment disputes in the Philippines are generally within NLRC jurisdiction. A pre-dispute arbitration clause in an employment contract won’t divest the NLRC of jurisdiction. Don’t hinge your strategy on compelling an employee to agree to such a clause.
Government employment: Appointment papers and civil service rules apply; this article focuses on private sector.

6) Practical employer playbook

A) Before Day 1 (prospective hires)

Issue a clear conditional offer: employment commences only upon completion of pre-employment requirements, including signed contract and required agreements (NDA, IP, data privacy consent, policy acknowledgment).
Set a firm deadline. If unsigned by the deadline, withdraw the offer.
Keep an audit trail (email confirmations, e-signature logs).

B) Day 1 to Day 30 (new hires)

If they won’t sign the main contract but show up for work, immediately:
- Provide a written summary of terms (position, pay, hours, probation standards) and ask for acknowledgment of receipt.
- If they still refuse to acknowledge, use witnessed notations and send via email to create proof they received it.
- Limit access to confidential assets until they sign NDA/IP documents that are true conditions of continued access (not of basic employment).

C) Existing employees

For policy acknowledgments: clarify it’s not a waiver of rights, just confirmation of notice. Provide time to read; allow questions.
For material contract changes (compensation, hours, non-compete): obtain informed, voluntary consent; offer consideration (e.g., raise, bonus, benefit) where appropriate.
If you must discipline for refusal to follow a reasonable documentation process, follow due process meticulously.

D) Documentation fallbacks

Use HRIS click-wrap acknowledgments (“I have read and understood the policy”).
If the employee won’t click or sign, document two-witness service, send copies by email, and note refusal on the document.
For payroll/equipment, record witnessed delivery and system logs.

7) Risks if you mishandle a refusal

Illegal dismissal exposure if you terminate without a valid cause or due process.
Constructive dismissal if you impose unilateral adverse changes to “force” a signature.
Unfair labor practice risks if actions chill concerted activities (e.g., punishing someone for refusing to waive rights).
Data/privacy and IP leakage if you allow access without having NDAs/IP assignments in place.

8) What does make a good case (if you must litigate)?

While you generally can’t sue for “refusal to sign”, you may pursue civil or criminal remedies where there’s a separate wrong, e.g.:

Trade secret misuse, copyright/patent infringement, theft of company property, computer data interference, or qualified theft.
Breach of a binding NDA or IP assignment that was validly agreed to (email assent or prior signed version).
Fraud in pre-employment (e.g., forged credentials) causing quantifiable loss.
Return of company property via replevin or damages.

These are fact-intensive and hinge on evidence unrelated to the missing signature on the employment contract.

9) Employer templates & policy hygiene (what to include)

Conditional Offer Letter: “Employment commences only upon completion of requirements: [list]. If not completed by [date/time], offer is withdrawn without further notice.”
Acknowledgment-Only Receipts: “I acknowledge receipt and understanding of [Policy]. This is not a waiver of any statutory right.”
Probation Standards Notice: Clear KPIs, evaluation schedule, grounds for failure; issued at engagement.
Data/IT Access Gate: Access to repositories and sensitive systems requires signed NDA/IP; no signature, no access.
Refusal Protocol: Steps HR and line managers must follow when an employee refuses to sign (document, witness, email, escalate, due process).

10) Executive takeaways

You usually can’t (and shouldn’t) sue merely to force a contract signature.
Control the gate: make signing essential documents a condition precedent to starting work or accessing sensitive assets.
If already employed, use acknowledgment-of-receipt and robust documentation; don’t coerce waivers.
Discipline or terminate only if the order is lawful/reasonable and you follow full due process.
Reserve litigation for independent wrongs (trade secrets, IP, fraud), not for non-signature alone.

This article is for general information on Philippine private-sector practice and isn’t legal advice. For a high-stakes situation (e.g., a senior employee refusing to sign confidentiality/IP documents), consult Philippine labor counsel to calibrate cause, process, and risk.