Important rules for canceling a dismissal order - samples of an order for cancellation for various reasons Order for canceling a dismissal order: a sample in connection with the withdrawal of an application for one’s own reasons

The general grounds for terminating an employment contract with an employee, i.e. his dismissal, are listed in Art. 77 Labor Code of the Russian Federation. Such cases include, in particular:

dismissal of an employee by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation);
dismissal at one's own request (clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
dismissal at the initiative of the employer (clause 4, part 1, article 77 of the Labor Code of the Russian Federation).

As a general rule, termination of an employment contract is formalized by order or instruction of the employer (Part 1, Article 84.1 of the Labor Code of the Russian Federation). The employee must be familiarized with this order against signature. And if it is impossible to sign the order (including if the employee refuses to put his signature on the order), a record of this is made in the order.

Is it possible for an employer to cancel a dismissal order and how can this be done?

Grounds for canceling a dismissal order

If an employee wanted to resign of his own free will, and then changed his mind, then he has the right to withdraw his application before the expiration of the notice of dismissal (Part 4 of Art.

80 Labor Code of the Russian Federation). In general, the notice period is 2 weeks, which begin to run from the day following the day the employer receives the employee’s resignation letter (Part.

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1 tbsp. 80 Labor Code of the Russian Federation).

However, it will not be possible to withdraw the application if another employee has already been invited in writing to the vacated position, who cannot be refused to conclude an employment contract (Part 4 of Art.

80 Labor Code of the Russian Federation). Employees who cannot be refused employment if the “old” employee has changed his mind about quitting include, for example, an employee who was invited by way of transfer from another employer (within one month from the date of dismissal from his previous place of work) (Part.

4 tbsp. 64 Labor Code of the Russian Federation).

Thus, in the above case (when a new employee who cannot be refused is not invited), the employer is obliged to cancel the dismissal order. Of course, the employer will have to reinstate the employee even in the case where such an employee was fired illegally and there is a corresponding court decision about this. In other cases, cancellation of dismissal is the good will of the employer. For example, upon a change of owner, an employer can dismiss the manager, his deputies, as well as the chief accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation). And he may even prepare a dismissal order, and then change his mind.

We can conclude that the cancellation of a dismissal order at the initiative of the employer or employee may be due to various reasons. However, whatever the reason for the employer to change its decision about the fate of the employee, the cancellation of the order will need to be documented.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

For this purpose, an order is usually drawn up. There is no single form for such an order, so each employer has the right to develop it independently. The employee must also be familiarized with the new order against signature.

Below is an example of an order to cancel an order to dismiss an employee due to the fact that the employee withdrew his resignation letter.

Sample order to cancel a dismissal order: all the nuances

Cancellation of dismissal is quite rare in practice.
However, unusual situations still arise. The employee changes his mind about resigning and withdraws his application. It happens that a manager issues a dismissal order for absenteeism, and then decides to give the employee another chance. Illegally released employees file lawsuits in court, and a decision is made on reinstatement. In all these situations, an order is issued canceling the order of dismissal.

Regulatory regulation

In Art. 84.1 of the Labor Code (LC) does not indicate the deadline for issuing and registering a dismissal order in the journal. This means that the document can be completed before the last working day. Part 4 art. 80 gives the employee the right to withdraw a previously submitted application for release.

The possibility of canceling an order by a court decision is provided for in Art. 106 of Law No. 229-FZ. Part 2 art. 394 of the Labor Code obliges the employer to comply with the court decision on reinstatement immediately. Requirements of paragraph 1 of Art. 106 of Law 229-FZ determines that the decision is considered executed if the dismissal order is canceled and the employee begins work.

Causes

The reasons for canceling an order can be a variety of circumstances: the manager changed his mind about dismissing the employee, a dismissal order was erroneously issued, or the employee himself came to the decision not to resign and withdrew the application of his own free will.

The legislation does not introduce any prohibitions regarding the cancellation of orders; it is quite possible to do this if there are good reasons for it.

The main reasons for cancellation are divided into three main types based on grounds:

According to Art. 80 of the Labor Code of the Russian Federation, the employee has the obligation to notify the employer of dismissal of his own free will two weeks in advance. At the same time, he has the right to withdraw his application at any time before the day of dismissal (inclusive). Therefore, one of the reasons may be the employee’s refusal to resign. If the order has already been issued, the employer will have to cancel it. That is, the basis is the personal initiative of the employee.
Cancellation can also occur at the initiative of the employer . For example, an employee was fired for absenteeism, but it soon became clear that he had a good reason. Under such circumstances, it is not beneficial for the employer to bring the matter to court; he has the right to independently cancel the order to terminate the contract with the person.
was made and entered into force to reinstate the employee at his place of work. For example, an employer fired a pregnant woman (he may not have known about the fact of pregnancy), who, according to the court, must be reinstated. That is, the basis is the decision of the judicial authority.

The basis for canceling the dismissal order must be stated in the administrative document . It is also accompanied by documentary evidence of the existence of compelling reasons.

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How to cancel at the initiative of the employer?

To cancel an order to dismiss an employee at the initiative of the employer, it is necessary to issue another cancellation order . Verbally such documentation is in no way canceled.

Any responsible person can draw up such a document. But only the manager or the person replacing him has the right to endorse.

A special form of an order for cancellation cannot be found in the law. However, the document must comply with the basic rules of office work.

The main points of the order canceling the dismissal order:

name ;
document's name;
in connection with which it was published;
document number and date of publication;
the essence of the cancellation order indicating the details of the order;
details of the person on whom the manager assigns the obligation to cancel the document;
grounds for cancellation;
executive visa;
signature for review by all interested parties.

There may be many interested parties. For example, they illegally reduced the number of employees. When there are many persons, a familiarization sheet is attached to the order.

All administrative documentation of the organization is published on white A-4 sheets.

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How to issue an order for cancellation due to sick leave?

It is allowed to cancel an order due to the provision of sick leave.

For example, a person disappeared, and his employer fired him for absenteeism.

After the dismissal procedure, he showed up at work with a sick leave certificate, which confirmed the good reason for his absence.

Under such circumstances, the employer will have to cancel the order and cancel the dismissal entry in the work book.

the order will be identical to the standard one. But the basis for cancellation is a sick leave certificate . Here you need to indicate its details. to contents

order to cancel the dismissal order due to sick leave – word.

This is what the sample looks like:

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In connection with the withdrawal of the application at his own request

The employee has every right to withdraw his resignation at his own request until the day of resignation (inclusive).

He can do this even after the dismissal order has been issued.

Then the employer will have to cancel the administrative document.

Unless, of course, another person was invited in writing to replace the employee by way of transfer from another company.

To cancel at the initiative of the employee, you must request written feedback from him. It contains data:

in whose name the application is written;
from whom the document is written;
Title of the document;
request to withdraw your resignation letter (document details are indicated);
signature with transcript, date of application.

If the employer has not yet invited another person to replace the employee, he is obliged to accept the application to withdraw the application and issue a canceling order (if one has already been issued).

In case of cancellation of the dismissal record, the employer issues an order to terminate the contract on the employee’s last day of work. But even such actions do not always save him.

Even if the employee takes the work book and returns an hour later with the withdrawal of his application, the employer will have to cancel the order.

Important! It is not recommended to cancel a dismissal order based on the employee’s words. If controversial issues arise, the truth will be on the employee’s side.

The law does not provide for a special form of a manager’s order to cancel an order to dismiss an employee. But there are mandatory points that need to be included in the document.

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Design example

order to cancel at the initiative of the employee on the basis of a written withdrawal of the application for dismissal at his own request - word.

This is what the sample looks like:

Such documentation is prepared on company letterhead. This is a clean white sheet of A-4 format with the company logo or just its name.

Errors and corrections in orders are not allowed.

If the responsible employee still made a mistake when drawing up the document, it is better to reprint the order. Otherwise, it may be declared invalid.

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How to cancel a dismissal order

When deciding how to cancel a dismissal order, you should consider the reasons for the cancellation, as well as the time frame within which the corresponding order must be issued:

Let us note that the law does not provide for the possibility of canceling a dismissal order if there is only the employer’s desire - the presence of one of the grounds listed above is mandatory (determination of the Supreme Court of the Russian Federation dated No. 70-KG13-7).

So, if there are grounds for canceling the dismissal order, the employer issues a corresponding order and notifies the employee against his signature in order to avoid abuse on his part.

In case of violation by the employer of the procedure established by law, the following liability is provided:

Information regarding an employee’s application to withdraw a resignation letter can be found in the article “Withdrawal of a resignation letter at one’s own request.”

The procedure for withdrawing a resignation letter at your own request is discussed in detail in this video:

conclusions

If certain circumstances occur, the employer may cancel the dismissal order. The initiative to take this action can come from management or from an employee, as well as from judicial specialists.

In any situation, a special document is drawn up - an order to cancel the previous order.

When filling out the paper, you do not need to adhere to any standardized form. It is enough to follow the rules of document flow within the company and the business style of writing.

If for some reason it was not possible to draw up an order to cancel the dismissal order, but the employer wants to resume production relations with this citizen, he issues him a new job. A new labor agreement is being concluded, and a number of other related activities are being carried out.

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Causes

The legislation does not introduce any prohibitions regarding the cancellation of orders; it is quite possible to do this if there are good reasons for it.

The main reasons for cancellation are divided into three main types based on grounds:

According to Art. 80 of the Labor Code of the Russian Federation, the employee has the obligation to notify the employer of dismissal of his own free will two weeks in advance. At the same time, he has the right to withdraw his application at any time before the day of dismissal (inclusive). Therefore, one of the reasons may be the employee’s refusal to resign. If the order has already been issued, the employer will have to cancel it. That is, the basis is the personal initiative of the employee.
Cancellation can also occur at the initiative of the employer . For example, an employee was fired for absenteeism, but it soon became clear that he had a good reason. Under such circumstances, it is not beneficial for the employer to bring the matter to court; he has the right to independently cancel the order to terminate the contract with the person.
was made and entered into force to reinstate the employee at his place of work. For example, an employer fired a pregnant woman (he may not have known about the fact of pregnancy), who, according to the court, must be reinstated. That is, the basis is the decision of the judicial authority.

The basis for canceling the dismissal order must be stated in the administrative document . It is also accompanied by documentary evidence of the existence of compelling reasons.

How to cancel at the initiative of the employer?

To cancel an order to dismiss an employee at the initiative of the employer, it is necessary to issue another cancellation order . Verbally such documentation is in no way canceled.

Any responsible person can draw up such a document. But only the manager or the person replacing him has the right to endorse.

A special form of an order for cancellation cannot be found in the law. However, the document must comply with the basic rules of office work.

The main points of the order canceling the dismissal order:

name ;
document's name;
in connection with which it was published;
document number and date of publication;
the essence of the cancellation order indicating the details of the order;
details of the person on whom the manager assigns the obligation to cancel the document;
grounds for cancellation;
executive visa;
signature for review by all interested parties.

There may be many interested parties. For example, they illegally reduced the number of employees. When there are many persons, a familiarization sheet is attached to the order.

All administrative documentation of the organization is published on white A-4 sheets.

How to issue an order for cancellation due to sick leave?

It is allowed to cancel an order due to the provision of sick leave.

For example, a person disappeared, and his employer fired him for absenteeism.

After the dismissal procedure, he showed up at work with a sick leave certificate, which confirmed the good reason for his absence.

Under such circumstances, the employer will have to cancel the order and cancel the dismissal entry in the work book.

The content of the order will be identical to the standard one. But the basis for cancellation is a sick leave certificate . Here you need to indicate its details.

order to cancel the dismissal order due to sick leave – word.

This is what the sample looks like:

In connection with the withdrawal of the application at his own request

The employee has every right to withdraw his resignation at his own request until the day of resignation (inclusive).

He can do this even after the dismissal order has been issued.

Then the employer will have to cancel the administrative document.

Unless, of course, another person was invited in writing to replace the employee by way of transfer from another company.

To cancel at the initiative of the employee, you must request written feedback from him. It contains data:

in whose name the application is written;
from whom the document is written;
Title of the document;
request to withdraw your resignation letter (document details are indicated);
signature with transcript, date of application.

This is important to know: Non-disclosure of trade secrets after dismissal

In case of cancellation of the dismissal record, the employer issues an order to terminate the contract on the employee’s last day of work. But even such actions do not always save him.

Even if the employee takes the work book and returns an hour later with the withdrawal of his application, the employer will have to cancel the order.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Important! It is not recommended to cancel a dismissal order based on the employee’s words. If controversial issues arise, the truth will be on the employee’s side.

The law does not provide for a special form of a manager’s order to cancel an order to dismiss an employee. But there are mandatory points that need to be included in the document.

Design example

order to cancel at the initiative of the employee on the basis of a written withdrawal of the application for dismissal at his own request - word.

This is what the sample looks like:

Such documentation is prepared on company letterhead. This is a clean white sheet of A-4 format with the company logo or just its name.

Errors and corrections in orders are not allowed.

If the responsible employee still made a mistake when drawing up the document, it is better to reprint the order. Otherwise, it may be declared invalid.

How can I change “according to the article” to “at my own request”?

In such a situation, it is not enough just to correct the entry in the work book; the order (document) on the basis of which the employee was fired must also be corrected (do not forget to also make changes to the employee’s personal card). If the reason for dismissal changes (for example, as in the case under consideration - by agreement with the previous employer), then the organization cancels the old order and issues another one - about dismissal of one's own free will. And on the basis of such a document, you can make corrections to the work book.

The court decided whether it is possible to fire a shift worker who drank during rest between shifts

In some cases, in addition to the new order, the former employer and employee may draw up a written agreement to change the wording of the dismissal (but this is not required). The correction can be made by both the previous employer and the employer at the new place of work. In the latter case, it is necessary to bring from the previous employer either a copy of the order, or an extract from it, or a corresponding certificate, or another official document, on the basis of which the current employer will make corrections (clause 27 of the Rules for maintaining and storing work books, production of work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, hereinafter referred to as the Rules for maintaining work books).

In some cases, employers simply change the text of the dismissal order, specifying a new basis for dismissal, leaving the number and date of the original order, and familiarizing the dismissed employee with the updated order. But this option comes with certain risks.

The fact is that the employee may still have a copy of the previous version of the order. It is unlikely that he will go somewhere to complain with him, because his previous employer met him halfway, changing the reason for his dismissal. But in practice, the relationship between the employee and the former employer may change in the future, so it’s better to play it safe.

Can an employer fire an employee for violating quarantine?

Making corrections to the work book in this case is standard. If they are made by the previous employer (and there are already records of other employing companies), then he:

in column 1 enter the next serial number;
in column 2 enters the current date when corrections are made;
in column 3 enters the following phrase: “The entry behind the number... is invalid. Dismissed at his own request on such and such a date (if the date of the correction and the date of dismissal are different, as in the case under consideration), paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation";
in column 4 indicates the name and details of the new dismissal order (or, if the number and date remain the same, duplicates them again);
in column 3, the corrected entry is certified by the responsible person and given to the employee for signature.

Here, when filling out a work book, two questions may arise. The first is about certification of the record. Neither the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69), nor the Rules for maintaining work books contain explanations on the procedure for certifying the corrected entry. In this case, the signature and seal of the organization will indicate that it was the previous employer who made the corrections, so we recommend that you affix them. As well as acquainting the employee with the entries made with his signature. The second is about whether, if the entry is made by the previous employer (and the new one has already managed to make an entry about hiring), it is necessary to indicate his name. There is also no clear answer here. Some experts advise not to indicate the name of the company, verifying only with the signature and seal of the previous employer.

Is it possible to fire a pregnant employee for using false documents during employment?

Others say it's better to do it. In our opinion, the first option (without indicating the name of the organization) would be more accurate. But to avoid unnecessary questions regarding the wording, it is better for the current employer to make the correction (based on a supporting document). Then there will be no controversial issues (about the need to write the name of the organization - the previous employer and certify the records with signatures and a seal).

If corrections are made by a new employer (without trusting the transfer of the work record book to the employee in this case), then, as mentioned above, the employee must bring a confirmation document from the previous employer. Then there is no need to certify the correction. The sequence of actions will be as follows:

in column 1 the next serial number is entered;
Column 2 indicates the current date when corrections are made;
in column 3 they write: “The entry behind the number... is invalid. Dismissed at his own request on such and such a date, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation”;
Column 4 contains the name, date and number of the document from the previous employer on the basis of which the correction is made.

How to say goodbye to an employee who is not performing work duties?

We also remind you that if there is a dismissal entry in the work book that has been declared invalid, the employee may ask to be given a duplicate of the work book without making an entry in it that has been declared invalid.

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Order to cancel the dismissal order - sample

When deciding to cancel an employee’s layoff, the employer must issue an order and also withdraw the employee’s notice of layoff. These actions can be carried out at any time before the date established in the order to reduce the number of staff, guided solely by the initiative of the employer, since the latter is free in relation to personnel decisions (clause 2 of the ruling of the Constitutional Court of the Russian Federation dated December 18, 2007 No. 867-O- ABOUT).

A sample order to cancel an employee's layoff is not established by law, and the order is drawn up in any form. However, it is considered that the order must indicate the following:

the reason for canceling the reduction (for example, improving the financial condition of the company);
details of the reduction order;
revocation or invalidation of the notice of reduction;
internal instructions on the execution of the order.

Please note that if an employee was dismissed early (before the termination of the staff reduction procedure), it is impossible to reinstate him in his position in the manner described in this article. To avoid labor disputes, it is recommended to invite the dismissed employee to work in accordance with the general procedure for hiring employees.

Cancellation of a dismissal order

The need to draw up an order to cancel the dismissal order may be due to several factors.

Among these, the following should be highlighted:

Initiative of the company's management. The list of reasons under which an employer has the right to terminate an employment contract concluded with an employee is specified in Article 81 of the Labor Code of the Russian Federation. A typical example is truancy. A certain amount of time is allocated to investigate the situation. If during the allotted period the details of the misconduct are not revealed, the management issues a dismissal order. In the future, the employee may appear at the workplace, confirm the excuse of his absence with a sick leave certificate and excuses that he was not able to notify the manager about the illness in a timely manner. In this case, the employer will have to cancel the previously issued order.
Employee initiative. In accordance with the provisions reflected in Article 80 of the Labor Code of the Russian Federation, after submitting a letter of resignation to the employer, the employee must work for another 2 weeks. During this time, he may change his mind about quitting. For this purpose, he must draw up and submit a corresponding statement to the boss. The manager, in turn, cancels the dismissal order, if one has already been issued.
Judicial decision. The most difficult situation. Requires a lengthy trial. A typical example is the dismissal of a pregnant employee. For violation of generally accepted labor rules, the employer may be held liable and obliged to reinstate the employee in her position.

How to recall an employee at his own request?

In order to terminate the employment relationship, the employee must fill out a special application.

After recording its acceptance, the countdown of 2 weeks begins, during which the employee continues to work at the enterprise.

During this period, management is looking for a suitable candidate who can replace the resigning person.

It should also be noted that during the working days, a citizen has the right to withdraw the application he wrote earlier. To do this, another application is drawn up - about the revocation of the previous one.

If at the time of filing the second application the employer had already issued an order to terminate the employment relationship, management is obliged to cancel it.

This rule is relevant only if a new employee has not been appointed to fill the vacated position.

If the company's management has already entered into an employment contract with another employee, it is impossible to cancel the dismissal order, just as it is impossible to accept a request for recall from the employee.

Sample order for cancellation due to sick leave

The order to cancel the dismissal order is drawn up in free form. When compiling it, it is necessary to adhere to the business style of the narrative, as well as follow generally accepted rules for filling out documentation of this nature.

If the reason for canceling the order is related to sick leave, the order should reflect the following information:

Company name;
name of the form;
the serial number assigned to the document;
date of publication of the paper;
place of compilation (city);
information about the previous order - its number, date of publication, name;
reason for cancellation. In this case, this line may look like this: “In connection with the provision by employee Ivanov M.V. sick leave confirming that from July 1 to July 3, 2021 he was absent from work due to illness”;
signature of the originator;
signature of the person who has become familiar with the contents of the order.

order to cancel the dismissal order due to sick leave –word.

How to file in connection with the withdrawal of an application?

If the cancellation of a dismissal order is associated with the employee submitting an application to revoke the previous document, the employer issues a new order in the standard manner.

The approximate structure of the document is presented above. The only difference is the indication of a different reason.

In this case, it can be designated as “At the initiative of the worker.”

In addition, the order contains information about the submitted application for revocation.

Information about the date of its submission and the number assigned to the document is displayed. The employee in relation to whom it is being drawn up is familiarized with the order by signing it.

It is important to note that the corresponding mark is also placed in the application for revocation. The responsible person writes the phrase “Cancelled” on it. Date and signature.

The employer must also notify the employee that the application for recall provided by him cannot be canceled.

This indicates that if he again needs to suspend his work, he will need to fill out a new resignation letter and work again for 2 weeks.

order to cancel voluntary dismissal in connection with the withdrawal of the employee’s application –word.

Cancellation of dismissal

The procedure for canceling a dismissal depends on the stage at which this procedure is completed, as well as on the reason for termination of the employment relationship.

The reason for dismissing an employee may be:

his own desire;
employer initiative;
mutual consent of the parties.

In this case, the termination of the employment contract can either only be planned or has already been carried out. In order to cancel a dismissal you must:

receive a document confirming its cancellation;
issue an order to cancel the order to dismiss or reinstate the employee;
make changes to various personnel records documents;
cancel an entry in a subordinate’s work book.

One of the most common reasons for ending an employment relationship is the desire of the employee himself. After he writes a letter of resignation, the law provides for a two-week period of work. During this time, a person may change his mind about quitting. In this case, he writes another statement about the withdrawal of the previous request for dismissal.

Continuation of the employment relationship is possible only if a new employee is not invited to replace the resigning employee (Labor Code of the Russian Federation, Article 80).

After receiving an application to withdraw a previous application, the procedure depends on whether a dismissal order has been issued or not. If there was no order, the employee simply continues to work. In the case where the personnel have already prepared an order to terminate the employment relationship, it must be canceled. To do this, a new order is issued to cancel the previous order.

The most difficult procedure for canceling dismissal is if the employee changes his mind on the last working day. The corresponding entry has already been made in his work book and all due payments have been made.

In this case, there are two possible ways out of the situation. The first and simplest of them is to hire the employee back the next day after dismissal, after agreeing on this option with him.

If the employee does not agree to such an offer from management, then the dismissal will have to be canceled. In addition to issuing a cancellation order, it is necessary to cancel the entry in the work book, and also receive another application from the employee for the return of dismissal payments.

Cancellation of a dismissal order at the initiative of the employer

The employer can also terminate the employment relationship on his own initiative. This leads to (Labor Code of the Russian Federation, Article 81):

failure to comply with disciplinary rules;
damage to the property or reputation of the employer;
structural changes in the company's staff.

Management may either “change their mind” about dismissing the offending employee, or the conditions that led to the termination of the employment relationship will change.

For example, a subordinate does not appear at the workplace for a long time, and there is no information about his whereabouts. The boss initiates the dismissal procedure for absenteeism. After some time, the employee appears and brings documents confirming the valid reason for his absence.

In this case, it is necessary to cancel the dismissal. The procedure is the same as when canceling the termination of an employment contract at the request of the employee.

Instead of a statement, there will be a document confirming the reason for absence from work. Additionally, it is necessary to issue a cancellation of the act of violation of discipline and issue an order to cancel the dismissal.

Corrections are made to personnel documents and the employee’s work book.

In addition, the employer can replace the disciplinary sanction in the form of dismissal for the offending employee with a reprimand or reprimand. In this case, the starting document will be the management’s order to replace one type of punishment with another and cancel the dismissal procedure.

The most difficult thing to do is to cancel a dismissal when it is necessary due to a reduction in the number of hired personnel. In addition to the standard procedure, you need to withdraw notices of job reductions and edit the staffing table.

Other reasons for canceling dismissal

Another fairly common, but undesirable for the employer, reason for canceling dismissal is a court decision on its illegality. When an employee does not agree with the termination of the employment relationship or believes that he has been discriminated against, he files a lawsuit. If there is significant evidence, a decision is made to reinstate the person in the workplace.

In this case, the employer must dismiss the employee hired to replace the reinstated employee, pay compensation for forced absence and cancel the termination of the employment contract, recording information about this fact in the personnel documents and the employee’s work book.

A court decision allows the employer, instead of canceling the very fact of dismissal, to issue an order to reinstate the employee.

This procedure is also possible if the date of dismissal is the same, and the court decides to restore the rights of the former employee on a different date.

A less common basis for canceling dismissal is a change in the date of termination of the employment relationship. This is possible in two cases.

Firstly, after approving the date of the last working day, the parties can agree on dismissal on a different date.

For example, if an employee is laid off, he is notified of this fact at least two months before the expected date of dismissal.

If a subordinate finds a new job earlier, then there is no point in keeping him with the previous employer. The parties may agree on another date for termination of the employment contract.

In this situation, in addition to canceling the dismissal order, you can issue an order to change the date of termination of the employment relationship.

Secondly, the employee may get sick. And dismissal while on sick leave is directly prohibited by law.

If the date of leaving the sick leave is known in advance, then the manager may order changes to the dismissal order.

When the employer does not have accurate information, it is necessary to cancel the order to terminate the employment contract and, after the sick employee returns to the workplace, set a new date.

An example of an order to cancel a dismissal order

The form of this document is similar to other management orders on personnel matters.

You can issue an order to cancel the dismissal as follows:

Scientific and Production Association "Svetlomir"

Russian

11.25.2018 No. 536/k

ORDER

On the cancellation of the order to dismiss laboratory assistant V. E. Pereletkin.

In connection with the clarification of the circumstances of Pereletkin V.E.’s absence from work.

I ORDER

Source: https://nec-it.ru/otmena-prikaza-ob-uvolnenii/

How to write an order to cancel a dismissal order using a sample? Nuances of document cancellation

Cancellation of dismissal is a situation that is not so often encountered in practice. Typically, the decision to terminate an employment relationship is considered and final.

At the same time, various unusual situations may arise.

In any case, it would be a good idea for the head of the organization to become familiar with the procedure for canceling dismissal and restoring the employee’s rights.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

In what cases is it necessary to cancel a dismissal order?

When does it make sense to write an order to cancel the dismissal order ?

At the initiative of the employee.

work for another two weeks

withdrawing the previously written statement

In this case, a situation may arise when an order to terminate the employment relationship has already been issued in advance, because the law does not prohibit the personnel officer from preparing and issuing an order based on the submitted application and before the last working day . It turns out that it is necessary to cancel the previously issued order. also to cancel a previously issued order if the person leaving is ill and is incapacitated at the end of his two-week work period (Article 81 of the Labor Code of the Russian Federation). At the initiative of the employer. The reasons for severing labor relations at the initiative of the employer are specified in Art. 81 Labor Code of the Russian Federation. For example: this could be absenteeism, when the worker was absent from the workplace without good reason.

Attempts to find the absentee within a reasonable time did not lead to success, a decision was made on the need for dismissal and an act and order of dismissal was issued.

This is important to know: For how many absences are people fired from work?

Then the employee appears and says that he was in the hospital and could not inform the employer about this. Thus, it turns out that in fact the employee did not skip work and there is no need to fire him. The order should be canceled since there were no reasons for issuing it . By decision of the court. The most “painful” reason for canceling a dismissal, since it is preceded by a long and costly trial based on an employee’s complaint against the employer’s actions.

Example. Severance of labor relations with a pregnant woman (prohibition in Article 261 of the Labor Code of the Russian Federation).

Moreover, the employer could in good faith not know about the pregnancy and fire the woman, for example, for improper performance of job functions.

After which she filed a complaint with the courts demanding that she be reinstated at work and reimbursed for the entire period of absence from work, which was caused by the issuance of the order, and provided medical certificates of pregnancy.

The court, naturally, makes a decision in the interests of the pregnant woman and issues a restoration order.

Cancellation of dismissal orders initiated by the employer in 2021

The relationship between employee and manager does not always go smoothly. In practice, there are situations when, as a result of a conflict between them, an employer can expel a conflicting person, violating the dismissal rules regulated by the legislation of the Russian Federation.

If the manager timely figures out what led to his conflict with a co-worker, he has the right to cancel his order to expel him, restoring him to his previous place of work. Cancellation of an order can also be carried out by determination of the judicial authorities. The process for canceling such an order will be discussed further.

How to cancel a dismissal order at the initiative of the employer

Article 81 of the Labor Code of the Russian Federation stipulates that the manager has the right to terminate mutual cooperation with an employee, based on the provisions in this article of the Labor Code, by writing a corresponding order.

If the order was illegal, then a new document is issued canceling the previously created one. The regulations do not have a standard form for issuing such an order, but it requires the following elements:

Name of the order.
Order number for cancellation.
Company name.
Why is it cancelled?
Date of creation.
Stamp (if available).
Chief's signature.

The order to cancel the order is communicated to all affected employees against signature. Cancellation of a dismissal order can be in 2 cases:

The manager understands that he did the wrong thing and, on his own initiative, cancels it.
The employee sent a complaint to the judicial authorities, as a result of which a court decision was made to return him to his previous place of work.

In the first option, the manager does not have the right, without the consent of the dismissed person, to reinstate him to his previous position if, for example, it is revealed that there was no violation of discipline or the staff reduction was cancelled. By Resolution of the Supreme Court of the Russian Federation No. 70-KG13-7 dated January 10, 2014, it was accepted that an order to cancel deductions without the consent of the dismissed person is not issued. The dismissed person retains the right to appeal to the courts to cancel the order to resign, but he can agree to a pre-trial settlement agreement.
In the second option, managers often do not know what to do: cancel the resignation order or issue a new one - reinstating the employee to his previous position.

Logically speaking, it is possible to cancel the expulsion order showing the reason by referring to the court ruling. In addition, it is necessary to reflect the amount of material compensation for forced absence.
At the same time, managers, in such situations, most often issue an additional order to restore the position. And there is nothing illegal about this.

Restoration of a position means that the employee returned to his previous vacancy before his illegal dismissal (Rostrud Letter N 853-6-1 dated 06/14/2012).

Let's consider the possible reasons for the unlawful dismissal of an employee that require cancellation:

At the employee's initiative

The standards establish that after submitting a request for resignation, a co-worker is required to work for 14 days (Article 80 of the Labor Code of the Russian Federation). During this time, he can change his mind and withdraw his application. At the same time, a situation may arise where the manager has already issued an order for dismissal prematurely.
It follows that it is necessary to cancel the order approved prematurely.
It will also be necessary to cancel the approved order if the person who submitted the application for resignation fell ill during the period of service and is disabled on the date of completion of the days worked (Article 81 of the Labor Code of the Russian Federation).

At the initiative of management

The grounds for termination of cooperation at the initiative of management are reflected in Art. 81 Labor Code of the Russian Federation. For example: this may be an absence when an employee is not at work for unknown reasons.
It was not possible to find the truant within the required time frame. The employer makes a decision on dismissal and draws up an act on the basis of which it issues an order for his resignation.
Then the co-worker appears and provides a sick leave note, explaining that he was in a medical facility and could not warn the company’s management.
Hence the conclusion - the employee did not skip work and cannot be kicked out. The order must be canceled, since there are no reasons for the employee to be expelled.

By order of the courts

This is the most “painful” measure for revoking a dismissal order, since in this situation there is a lengthy judicial review of the dismissed person’s complaint against the actions of management, accompanied by considerable material costs.
An example is the dismissal of a pregnant woman (prohibited by Article 261 of the Labor Code of the Russian Federation). Moreover, here the manager may not have known about the pregnancy and expelled the woman, for example, for failure to fulfill work duties on the basis of a report.
Having sent a complaint to the court, demanding a return to the company, a woman can also demand compensation for her forced absence by presenting a certificate from a medical institution about pregnancy.
The court, having considered the complaint and the documents presented by the medical institution about the pregnancy, will be forced to make a decision on its restoration and payment of compensation.

Step-by-step instructions: how to draw up a document correctly?

An order refers to a legal act issued by the head of a firm, acting as the sole command, to carry out the operational activities facing the firm. Thanks to personnel orders, labor relations between management and employees are formalized on the basis of the Labor Code of the Russian Federation. Orders regarding personnel are classified quite simply.

The first group is orders that ensure the formalization of labor relations on the basis of a concluded labor contract.
The second one displays the facts of fulfillment of the employee’s labor obligations.

If it is necessary to cancel a current order (or one of the clauses in it), then the wording “Declare invalid...” is usually used. And then a link to the canceled item is displayed, something like this: “... order of Temp LLC dated 21.08.

2019 No. 39 “On carrying out …” …”. In other words, when canceling an order, the canceled document is named in full, displaying all its details in sequence (author, date, number, title).

Then the date of withdrawal of this order is displayed.

https://www.youtube.com/watch?v=M9SRSP3lvcs

It should be noted that there is no standard form for canceling a current order, therefore, such a document is drawn up in a free style, of course, in compliance with the rules for writing such documents.

Such an order must include the following:

Information about the company.
Date, form number.
In the preamble, indicate the reasons for registration.
Details of the canceled order.
Determination of responsible persons in connection with the cancellation of the order.
Base.
Chief's signature.

Example of wording when canceling a deduction order:

“In connection with the withdrawal of the petition for resignation on its own initiative

I ORDER:

Cancel the order from... No.... “On resignation” in relation to Sergeev I.S.
To the head of the personnel department Afanasyev P.S. ....
To the chief accountant A.P. Pakhomova...

Reason: personal petition of Sergeev I.S. from..."

Consequences of this procedure

Having issued an order to cancel the deduction, you must do the following:

An entry must be made in the work record book that the previous data on the co-worker’s dismissal are erroneous. In the 4th column, write down the details of the order canceling the previous order.
It is also required to make a new inscription in the personal file of a colleague, certified by an employee of the company’s personnel department.
The accounting department carries out recalculation on the basis of the canceled order, and if the amount of settlement and compensation payments is greater than the earnings of the reinstated employee, then it is advisable to obtain a statement from a colleague - to count the settlement payments as paid towards future wages.
According to the decision of the judicial structures, the reinstated colleague is paid for the days of forced absence and a certain amount of moral compensation.
The employee must continue to work from the moment the decision to cancel the deduction is issued.

When making a new entry in the work record book about the cancellation of an unlawful order, you cannot cross out the incorrect entry. In this case, it is necessary to create a new record with information from the new order to cancel the previous one.

An example of a new entry could be as follows: “The entry number ... is invalid, returned to the previous position. Order from... No......”

A sample of filling out a work book is presented below.

Conclusion

As can be seen from the article, restoration of cooperation between management and employee is possible by performing certain formal actions. The main thing when resolving problematic issues is to respect the rights of employees at all stages of their activities, so as not to bring their resolution to court proceedings.

The main conclusion that can be drawn is that any incorrect or unlawful dismissal can be canceled by order, with the consent of the dismissed colleague. At the same time, this does not cancel his right to apply to the courts to protect his rights.

order

Source: https://uvolnenie.net/otmena-prikaza-ob-uvolnenii-po-initsiative-rabotodatelya/

How to cancel correctly?

There are two options for restoring a worker’s rights after dismissal:

Cancellation of dismissal.

The issuance of an act specifically on the invalidity of a previously adopted act for one reason or another. Reinstatement at work.

Order to return the position and labor functions.

When the dismissal act is cancelled, the employer admits his wrongdoing from the date of dismissal indicated in the issued document. If the employer restores the employee’s rights, then this occurs from the date specified in the new act, that is, the period of time between the two acts remains uncovered.

Since the worker’s rights were illegally infringed , he must be rehabilitated from the date of their violation (illegal termination of labor relations).

A similar position is contained in the resolution of the Presidium of the Supreme Court of the Russian Federation dated September 15, 2010. To cancel an administrative act of an organization, grounds are required

: either a personal statement from the worker or a court order.

The most significant consequence is the termination of cash payments . If the termination of the employment relationship was unlawful, then the withholding of funds was also incorrect.

Step-by-step instructions: how to draw up a document correctly?

This document is published in any form. The following information must be included :

information about the organization.
Date, act number.
In the preamble, indicate the reasons for publication.
Details of the document being canceled.
Instructions to the employer's employees due to the cancellation of the order.
Base.
Manager's signature.

single form for the act of canceling a dismissal order.

“In connection with the withdrawal of the application for resignation at his own request

1. Cancel the order from…. No.... “On dismissal” in relation to Ivanov I.I.

2. Head of the HR Department S.S. Sidorova …..

3. Chief accountant P.P. Petrova …..

Reason: personal statement from .....”

Consequences of this procedure

New entry in the work book. Example of an entry: “The entry for number so-and-so is invalid, reinstated to previous job. Order from... No......”

Example of an entry in a work book:

The notice of dismissal is crossed out and the HR officer is signed.
Recalculation: wages, vacation pay and other payments. Identification of over-transferred or underpaid amounts for unspent vacation.
The employee must begin work. From the date of issuance of the order to cancel the dismissal, the employee must begin his work duties as usual.

How are entries made in the work book if the dismissal was challenged in court?

An entry in the work book about a change in the date or wording of the reason for dismissal is made if the work book is with the employer at the time the resolution of the labor dispute is completed or if the employee, who previously received the work book upon dismissal, provides it to the employer for making an entry.

The work book must:

record the invalidity of the original dismissal record;
and make the correct entry. For example: “The entry for number so-and-so is invalid, dismissed (a new date or wording of the reason is indicated).”

In this case, the basis for recording changes in the wording of the reason or date of dismissal will be an order of the employer or a corresponding court decision.

In addition, upon a written application from the employee, he must be issued a duplicate work book without making an entry in it that has been declared invalid.

Rostrud drew attention to this in a report on the prevention of violations in the field of labor legislation for the third quarter of 2020.