How to return to your previous job without losing your dignity

Is it possible to return to your old position after leaving at your own request?

When terminating an employment relationship by decision of an employee, he is obliged to notify the employer about this within the period specified by law (Article 80 of the Labor Code of the Russian Federation). Mostly, the period of information (working out) is 2 weeks, but can be increased or shortened (1 month for managers, 3 days when working on a fixed-term contract, and so on).

It is possible that there will be no work due to an agreement between the parties or the presence of compelling circumstances (enrollment in an educational institution, retirement, relocation, and so on).

You can return to work after submitting a resignation letter to your employer in the following ways:

1. Withdraw the application before the end of the established notification period, that is, before the actual dismissal. Reinstatement of a citizen is permissible if another person has not been invited in writing to take his position.
2. After the end of the information period, the employee continues to perform his duties and does not insist on terminating the working relationship—in this case, the contract continues.
3. The citizen writes a new application for employment - at the request of the management of the enterprise, he is re-employed.
4. A person challenges dismissal in court - used in case of unlawful termination of a contract with an employee.

Employer's actions

The procedure for reinstatement of an illegally dismissed employee is carried out by the employer on the basis of an order from a state inspector or a court decision. Wrong actions of the employer will lead to new appeals to the court and additional costs.

The restoration procedure is mandatory for the employer:

1. issuance of an order . Contents: on canceling the dismissal order and allowing the employee to work in the specified position, instructing the accounting department to pay for forced absences;
2. notification of a dismissed employee . The form is arbitrary; the notice indicates the cancellation of the termination of the contract, the start date of work, and sets out a request for the provision of a work book. Sending notification - by registered mail;
3. staffing . In the document on the length of service and the employee’s personal card, an entry is made about the invalidity of the dismissal; in the report card, the period until reinstatement is noted in working days;
4. actual permission to work. Familiarization with the order against receipt. Absenteeism on a given day is considered absenteeism.

In accordance with clause 33 of the Rules for maintaining work records, approved by government decree No. 225 of April 16, 2003, at the request of the employee, a new document (duplicate) is issued on work experience with the exception of the dismissal record.

How to return to your previous position?

The easiest way to return to your previous place of work is to withdraw your resignation letter sent to your employer before the notice period (working period) expires. After this, the document is considered canceled if another employee has not yet been officially invited to take the citizen’s place.

Reviews are made in 2 ways:

• the employee puts the appropriate mark on the application;
• the employee writes a second application to recall the first.

The law does not prohibit verbal information to the employer about a change in decision. Then the dismissal documents are not prepared, the employee continues to perform his official duties - the contract continues.

However, in practice, personnel officers prefer to record the withdrawal of the application in writing.

• If the dismissal has not yet been formalized, then no further action is required from the employer. However, when issuing an order to terminate the contract, it should be canceled by drawing up a new one.
• If an entry has already been made in the work book (for example, a person changed his mind about leaving on the last day of work), it must be declared invalid.
• If the warning period has expired or there has been no work, the employee is considered officially dismissed.

In this case, it is permissible to return to the organization after agreement with the employer: with his approval and if there are vacancies. In this case, the person is rehired: he writes an application for the position, a new employment contract is concluded with him, and an entry is made in the work book.

If, after the expiration of the notice period, the employee continues to work and the employer has not formalized his dismissal, it is considered that he did not quit. The employment contract continues to be valid.

Reinstatement in the organization through the court is possible - this method is used in case of illegal termination of the contract. For example, if a person was forced to write a letter of resignation by his own decision (forced, threatened with dismissal under the article if he disagreed, and so on). In this case, it is necessary to collect evidence of the offense (testimonies of witnesses, video and audio recordings, correspondence, and so on).

You can appeal the termination of your employment relationship by contacting:

1. To the management of the enterprise with a request to clarify the decision and take measures for reinstatement. It is advisable to provide links to current labor law standards.
2. To a trade union, if the employee is part of an association.
3. To the labor inspectorate at the location of the enterprise. In the complaint, describe in detail the circumstances of the situation, the norms of the Labor Code of the Russian Federation, and ask for an inspection. If violations are detected, Rostrud will issue an order to the organization, and possible administrative liability. The inspector has the right to initiate proceedings in court to reinstate the citizen in his position and pay compensation.
4. To the prosecutor's office, attaching facts proving a violation of the employee's rights, facts of forced dismissal.
5. To court. It is important to correctly draft a claim with a detailed description of the circumstances of the case and attach supporting documentation.

It is permissible to send claims to several authorities simultaneously.

According to Art. 392 of the Labor Code of the Russian Federation, filing a claim for wrongful dismissal is carried out within 1 month from the date of transfer to the employee of the relevant order or work book.

If the employer does not provide the citizen with documentation, the period for going to court is extended . In this case, it is calculated from the day when the person was informed or should have learned about the dismissal. For example, during an oral statement by the employer in front of witnesses.

If the permissible period for applying to the authority is overdue, the court has the right to restore it if there is a significant reason for the absence (illness of the plaintiff, his stay on a business trip, acts of force majeure, and so on). If the outcome of the case is positive in favor of the employee and the dismissal is declared unlawful, the court obliges the defendant to fully or partially satisfy the employee’s demands.

If the employee wishes to return to his previous place, he is reinstated in his position on the current conditions with payment of earnings for forced absence. Additionally, it is possible to recover compensation for moral damages from the employer.

The employee’s reinstatement starts on the day the court decision is announced:

1. The management of the enterprise cancels the order to terminate the employment contract, issuing a new one on the reinstatement of the citizen according to a court verdict.
2. The employee gets acquainted with the order against signature.
3. The data on the work time sheet is corrected - a “forced absenteeism” code is assigned for the period of validity of the old order.
4. Entries in the employee’s personal card are corrected (the previous one is crossed out), work book (a new one is entered, the old one is declared invalid).

The employee is notified in writing of the date of return to work; working conditions remain the same. The execution of the court order is controlled by bailiffs.

Reinstatement at work

Such circumstances undoubtedly include the following:

• Dismissal under pressure from the team;
• Dismissal at the “request” of management;
• The dismissal is unfounded;
• Termination of a contract due to personal hostility and so on.

If an employee wants to be reinstated, he must seek help from the competent authorities. Since it’s unlikely that anything can happen on your own.

An employee who wants to return to work can contact the following organizations to conduct an internal audit and forced reinstatement at work:

• Prosecutor's office.
• Court.
• Labor Inspectorate.
• Rospotrebnadzor.

Usually, after contacting the above authorities, an official or prosecutorial inspection is carried out not only on the fact of the incident, but also on the activities of the company as a whole. And, therefore, management may be punished for illegal dismissal, as well as for other violations that will be revealed during the audit process.

If it is proven that the employee was fired illegally, then the company will have to reinstate the employee and pay him another salary for the entire period that he was unemployed.

Please note: at the discretion of the supervisory authority, the manager and the company may be subject to administrative liability with or without a fine.

Also, if the court proves that the dismissed employee is right, then he can demand compensation from the company for expenses associated with legal proceedings. These costs may include the work of a lawyer, the cost of travel for witnesses and the victim himself to the place of the court hearing, to testify, and so on.

It is best to try to resolve any conflict situations between an employee and an employer peacefully, regardless of their reasons. Judicial practice shows that most often subordinates win such cases.

Why can't they take it back?

Refusal to reinstate and be accepted back into the organization is possible for the following reasons:

1. Another person is officially invited to take the place of the person being fired. In this case, withdrawal of the resignation letter is not allowed.
2. There are no vacant positions in the organization. If the notice period has expired and the person has already been fired, it is possible to take him back if there are free places.
3. The employer is not interested in returning the citizen to his previous place. After official dismissal, the management of the enterprise accepts the employee back at will. That is, the employer has the right to refuse if there is no personal interest.
4. If the dismissal was made by agreement of the parties, it cannot be recalled. Challenging in court is mostly ineffective because it assumes that the document was drawn up by mutual consent. To declare a dismissal illegal, a strong evidence base will be required.
5. There is no working period. In this case, the application will not be withdrawn; reinstatement is possible upon re-employment in the organization.
6. The court sided with the enterprise, that is, the dismissal was recognized as lawful.

Benefits of hiring former employees

There may be many more advantages to bringing back resigned employees than disadvantages. And most of them are related to economic benefits for the company. After all, it is known that both the mistakes of beginners and the time spent by recruiters searching for suitable specialists cost money. When a person who is already familiar with the situation returns to the company, it becomes easier for the employer.

In addition, there are other advantages to hiring former employees:

1. Boomerangs have a competitive advantage, especially if they have continued to work in the same industry for other companies. Then, by returning, they will bring new perspectives, interesting experiences and best practices from previous companies to the company.
2. They will have fewer failures at work. “Boomerangs” know what a specific position in your company means and understand their responsibilities.
3. It is easier for them to adapt to the corporate culture. But provided that the culture in your company has not changed during their absence.
4. It will be easier to hold them the second time. Having worked in other places, they now feel the difference and can draw certain conclusions for themselves. They will likely be even more productive and engaged at work than before.
5. They save you money. HBR experts claim that by dramatically reducing efforts to train staff and time to find the right employee thanks to boomerangs, companies save up to 50% on hiring costs.

Can an employer bring back a fired employee?

The employer can return an employee to work in the company at his request, of his own free will or on the basis of a decision of the authorized bodies:

1. When an employee withdraws an application during the warning period.
2. As prescribed by the labor inspectorate - if, when starting the dismissal procedure, the employee filed a complaint with Rostrud.
3. By a court decision or a settlement agreement - in this case, the employer is forced to reinstate the employee, which is controlled by the judicial authority.
4. By your own decision. If an employee is officially dismissed and wants to return, the employer has the right to take him back or refuse, based on his own interest and desire.

No longer your bread

Another point to pay attention to is whether clients (if you have worked with them) will accept you and how they will react to your return. If you had a good relationship and high loyalty, then they will be happy to see you. But there is a situation when your clients have already been transferred to someone, it is incorrect to return them back - people are already tuned in to a different interaction. It happens that in such cases it is more difficult with clients than with colleagues. And their loyalty is much more important than the loyalty of their colleagues.

Bottom line: don’t steal bread from your colleagues. He is no longer yours, you yourself decided to abandon him.

Recovery time after care

If an employee withdraws his resignation letter, his work continues without interruption. If the dismissal is illegal, it can be challenged in court. The claim is sent to the authority within 1 month after termination of the contract. The review period is 30 days, but in some cases it can be extended by the judge.

If the decision is positive in favor of the plaintiff, reinstatement begins on the day the verdict is announced. That is, if desired, the employee has the right to go to work the very next day.

If an employee has notified the management of the enterprise in writing about his resignation, the possibility of his return to his previous position depends on the circumstances of the dismissal. Before the expiration of the service period, the employee has the right to withdraw the application and stop the process of terminating the contract. If the dismissal has already occurred, it is possible to return only by decision of the employer or by challenging the illegality of the procedure in court.

Office prostitute

It is not your colleagues who pay you your salary, and they do not determine your career.

Don't be under the illusion that management will welcome you with open arms. Especially if your relationship was not very good. They will return you, but they will definitely mix you with shit. They will carry out a public execution, and then cut wages by about 20%. You'll be lucky if you get back to the same position.

Did you go to your competitors and take your established customer base with you? You didn’t like it on the other side of the barricades, do you dream of returning? Yes, you are a kamikaze! Not every boss is ready to forgive you for working on the side. Bosses can be different: soft, despotic, vindictive, principled. History shows that traitors are not liked. What if you find yourself sent? In general, once you have chosen a new course, stick to it. We are strong!

Bottom line: if your boss has a memory like a goldfish, 3 seconds, why not? The main thing is that you feel good.

Collection of evidence by the employee

They can serve as testimony of witnesses, as well as documents. Proving that you are right must be approached responsibly.

In particular, it is advisable to carry out the following actions :

• Record all negotiations with the employer on a voice recorder so that there is an audio file: it will later be added to the case file as evidence;

• Save written information (including emails) that may directly or indirectly affect the outcome of the case being resolved;

• Before the date of dismissal, send a written notice to the employer via mail stating that the person does not want to quit, but wants to continue working.

If the application is signed, the employment contract is terminated, within a month the person has the right to seek protection in court. There is a strict rule of jurisdiction here: these cases are considered by the court in the territory of the company where the person previously worked.

The right of a former employee to apply to the court for protection of his labor interests is associated with the definition of the Constitutional Court of the Russian Federation of 2010 under number 11-P . It says that the parties to an employment contract have the right to resolve among themselves issues of the emergence, change, and termination of labor relations. But the state, for its part, is obliged to protect the interests, first of all, of the employee, since he is the economically weaker side of the labor relationship.

You need to clearly understand that challenging the termination of an employment contract is a rather lengthy and labor-intensive process. And the difficulty is that it is quite difficult to prove the employer’s pressure, his personal hostility towards the employee.

It is also necessary to know that the circumstances of each labor dispute are individual. If they are presented correctly in court, the official may take the side of the resigned employee.

Restoration of military personnel and employees of the Ministry of Internal Affairs

An employee of the Ministry of Internal Affairs or a military serviceman who resigned of his own free will, upon re-entering work, must meet the following requirements:

• age up to thirty-five years;
• Russian citizenship;
• no criminal record;
• full capacity.

Important! A candidate who wishes to be reinstated must possess the business, personal and moral characteristics necessary to adequately perform the duties of his job. Good health and physical fitness required. People who were dismissed on negative grounds, for example, for corruption, abuse of power, etc., cannot return to work in the Ministry of Internal Affairs or the police.

Procedure

The reinstatement of those military personnel who were dismissed illegally is carried out through a judicial challenge, and all others are accepted on a general basis. To do this, you should submit a report on enrollment and autobiography to the combat unit employee.

Reinstatement in service requires the collection of the following documents:

• passport;
• diploma of education;
• military ID.

A combat unit employee requests the applicant's personal file. The information contained in the received papers is verified with the information that was entered in the application form.

After the candidate has been checked at his place of residence, a certificate is written about the results of the applicant’s examination, which is sent to the authorities of the internal affairs department. If it makes a positive decision, the applicant undergoes a medical examination and passes physical education standards, after which he can return to his job.

How to return correctly?

Situations of a painless return to the company after dismissal are analyzed by Nadezhda Smirnova, leading consultant of the recruiting agency Penny Lane Personnel “Once the decision to join the previous company has been made, then go ahead!
And remember that our strengths are a continuation of our shortcomings. And vice versa. So turn your return into a small triumph. If the company seriously disappointed you, you probably wouldn't come back, right? And if you weren’t a good fit for the company, you wouldn’t be invited back. So all the advantages are on your side. BEFORE YOU LEAVE, YOU TOLD EVERYONE THAT YOU WOULD NEVER STAND HERE AGAIN?

This is just an excuse to make fun of yourself in the presence of new old colleagues. Like, you can still enter the same water twice.

YOU CAME AND WERE NOT WELCOME FOR YOU?

General procedure for challenging illegal dismissal

The appeal scheme is standard in all situations: a citizen writes a written appeal with a complaint and demands, then the authorized body checks the actions of the employer to determine their legality. Upon inspection, a decision is made: to satisfy the applicant’s demands or to refuse him. If the employee initially applied for reinstatement at work, then, accordingly, if the decision is positive, the authorized body takes appropriate measures to restore the dismissed person to his previous workplace in accordance with Part 1 of Art. 394 of the Labor Code of the Russian Federation (decisions on labor disputes regarding dismissal).

Important! The decision to reinstate a person illegally dismissed is subject to immediate implementation. This is evidenced by Art. 396 Labor Code of the Russian Federation.

Typically, both the employer and the employee are obliged to take all necessary actions to promptly implement such decisions. If the employer delays the reinstatement of a previously dismissed person, then for each day of such delay he will have to pay the average salary or the difference in earnings.

What does it mean to reinstate a fired person by decision of such and such an authorized body? This means that when executing this decision, the employer is obliged to:

1. Cancel (annul) your dismissal order.
2. Allow a previously dismissed person to perform his direct duties, i.e., the work that he performed before dismissal (for the same position).

If these two conditions are actually met, then the restoration of the previously dismissed person to work and his previous legal status is considered to have taken place.

Kirill Eryganov 02/14/2014, 17:04

Progress, however. The topic is fresh, not tired!

• Answer

Alexander Vladimirovich, Annika13, Internet development agency 02/17/2014, 15:34

Wouldn't mind hiring some former employees!

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Vitaly Nosonenko 02/17/2014, 16:44

At my last job this happened all the time. From experience, there are 2 problems: leadership and motivation, with the first being the main one.

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Vladimir Litvinenko 02/17/2014, 16:00

Nothing...

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Yuri Syrtsov 02/17/2014, 16:37

The 4th tip, it seems to me, is the most important. In my opinion, a careful, neat article, without any nonsense.

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Dmitry Khomenko 02/17/2014, 16:43

Unfortunately, many good companies have made it a principle not to take former employees back. And there is a possibility that the team will not accept you into their flock, even if there are warm relations and there are no conflicts... They won’t understand...

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Natalya N 02/17/2014, 18:00

I would take some of our departed employees back for PR reasons. They go to other supermarkets for a higher salary, but in reality it turns out that either they have to work twice as many hours as we do for such a salary, or they pay fines, or they pay late payments - and a lot of other things. And so they ask to return to more humane conditions and, of course, when they return, they will tell their colleagues how they sipped on grief while chasing greenery on someone else’s lawn. But, unfortunately, there are dry statistics that say that from 60 to 80% of returnees will still leave over the next 4 months. That. By not taking people back en masse, companies protect themselves from an obviously losing investment. Well, there is also an educational moment.

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Dmitry Lupanov 02/17/2014, 20:45

Why does anyone consider themselves entitled to “educate” adults? If the person left, and you easily let go of a great specialist, taking into account some of your own complexes, and not the interests of the business, this is your choice. But if time has passed, passions have subsided, grievances have dulled, then you must admit to yourself the mistake and allow the person to return. After all, the “former” has the main advantage over any new one - knowledge of people and processes. He will start working immediately, and the new one will have to adapt for at least another six months. In my work, I not only allowed good employees to return, but even looked for some, knowing that they had a hard time in their new place. The exceptions were people who had certain “sins” such as addiction to alcohol or absenteeism. When will everyone understand that it is easy to get rid of the “inconvenient, obstinate, ambitious”, but how difficult it is to find an equivalent replacement for him. A good specialist is worth his weight in gold, and gold is usually accumulated, not scattered and re-gifted!

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Natalya N 02/18/2014, 10:11

“Adults” don’t need education :) These are the ones who are adults not according to their passport, but in fact. And the terrorists who run around writing letters of resignation at every opportunity and firmly believe that at their first hint they will be hired back - these are not adults, but terrorists. At least for them, we introduce a restriction on repeated admission.

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Lyubov Rachkovskaya 02/18/2014, 11:25

I would like such a leader at least once... Thank you for existing, at least someone will be lucky in this life.

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Taras Shevchenko 11/10/2019, 13:43

Well said !

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Sergey Kiriyenko 02/17/2014, 22:24

Natalia, reconsider your approach. This could backfire. Judging by your comment, you take every departure very close to your heart, as a personal insult. According to your statistics, they took the person back, months later - goodbye. Why did it happen? There's a lot to think about. Following. You work in the trade sector, and there is a huge turnover there. Your example may be useful for the trade sector (sellers, cashiers, storekeepers, drivers, forwarders...), but this has little relevance for production personnel and, especially, engineers. Try to find a really good welder, turner, technologist, designer, electronics engineer. As a rule, talented people are not always convenient, but these inconveniences are compensated by quality and quantity, and ultimately by profit. Look for an approach, this is your bread, Natalya.

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Marina Korsakova 02/17/2014, 23:47

The country is dying. Over 10 years, the number of teaching hours in universities has decreased by 40%. A new wave of production personnel is moving into trade. The most talented in entrepreneurship. The higher education institutions are taught by associate professors who have never been in a working workshop or laboratory... Saudi Arabia announced the non-recognition of Ukrainian diplomas. Natalya is doing well. If she builds a supermarket, builders will come from Turkey. If he fills it with goods, trucks will arrive from Poland.. Should I continue?

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Natalya Basamyka 02/18/2014, 08:47

I agree with you, because production personnel, exactly. that it is not so easy to find good ones, and even more so to bring back former employees if they are good. then you’ve already got a job, because such personnel are sorted out instantly... I myself worked in production and this is a sore subject for us, there are layoffs everywhere... and as practice shows. namely good employees.

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Natalya N 02/18/2014, 10:18

Sergey, it’s nice to respond to a calm and constructive comment, thank you :) I’ve been trying to form my attitude towards returnees, and it turns out that there is no universal formula here. We also have workshops and production, and specific personnel, the loss of which is more tragic than ordinary personnel. It is clear that it is in no way correct to categorically refuse re-admission, because circumstances vary. Here you need to approach each case individually. Our re-admission procedure requires approval at a level much higher than the OK level. And even the store manager. Therefore, firstly, he will think a hundred times, and secondly, the candidacy of a potential returnee is examined practically under a microscope, and there must be really compelling reasons to take him back. Out of curiosity, I looked at the statistics for my store for the year. Total, from 02/18/13 to 02/18/14 there were 178 people on staff. there were 12 employees who returned

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Natalya N 02/18/2014, 10:29

those. within a year they quit and were hired again. Five of them work today, three of which are not at the same store from which they quit. Two are production workers, two are sales workers and one is a cashier. The rest... One worked after returning for two weeks, two were hired almost simultaneously in September, they had already left in December, and one spent almost all this time on sick leave. So this fits well into the 80% statistics. Why is that? Smart people explained it by psychological mood, reflections, etc. There's probably something to it. About turnover in the trade sector. Overall, yes, it is huge. When people talk and write about retail, 90-100% of annual staff turnover is considered the norm. In principle, the specifics of supermarkets are such that there is no point in retaining staff for the most part. Specifically, in my store, 4 people quit in February, and 5 in January. Is that a lot? About my attitude. I don’t perceive an employee’s desire to quit as a betrayal. I understand that the cashier's job is

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Natalya N 02/18/2014, 10:32

for a 20-year-old student this is hardly the ultimate dream (by the way, the most stable employees are women 40+). And those who write about the right to choose are absolutely right. I absolutely agree with you - everyone has the right to choose, but everyone must bear responsibility for the consequences of this choice. That’s why I warn those who want to quit that if something happens it will be difficult to come back, and if they don’t have confidence about a new job, then. Maybe it’s not worth throwing away the old one just yet?

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Tsonya Tatyana Vasilievna, Shop 301, VKF, TOV 02/17/2014, 16:56

Finding out about the company from working employees will make things worse for yourself. They understand that they can be fired

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Dmitry Kolpakov 02/17/2014, 16:57

Why post on the website of a company offering a new job recommendations on how to return to your old one?

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Oleg Lyakh 02/17/2014, 20:20

But I don’t understand at all why some people think that if a person leaves the organization in good faith, then he is already like a “traitor” and all trust in him disappears... and, in principle, he should not be taken back to the organization from which the worker left. In your opinion principle, it turns out that an employee, a worker, must “stick around” in one organization all his life and not show himself in anything in life? Then why do we need a brain at all? To listen to the principles of managers, employees and never, nowhere to show himself? I think it’s stupid to listen to advice about “not hiring former employees on principle,” because a specialist in his field is always confident and everyone has the right to their own decision, no matter what it is

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Marina Korsakova 02/17/2014, 23:50

The next article is about how to move away from your parents, quit your job, tell everything to hell and do something cool.

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Dmitry Khomenko 02/18/2014, 11:14

It would be better to talk about how many people can work effectively in one place. They say that it is useful to change jobs every 5 years. Both for the company and for the employee. Even from a purely professional point of view.

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Oleg Lyakh 02/17/2014, 20:29

I also think that the article is for children. An adult will find the answer to this question...

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Natalya Basamyka 02/18/2014, 08:41

Yes, I would also return to my old job, despite the fact that I was laid off. the team was very good :)

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Nelly Stelmakh 02/18/2014, 17:59

I’m returning to the company where I worked for 10 years. Why did you leave? There are many reasons, the main one is that the joy from work, which I always went to with joy, disappeared. A year later I realized that I should have taken three months off and just rested. She left, remaining on good terms with everyone. Now, after almost 3 years, they offered to return. I was delighted and decided to return)))

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Anna Muravyova 03/05/2014, 15:31

At my former job, the entire team has changed, except for the managers. What does this mean? The only thing is that there can be no talk of any normal attitude towards the staff. There is no point in returning and there will never be. In my opinion

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Artem Pronchuk 05/16/2014, 08:30

The article is excellent, it befits me. And a lot can be said about the workers, but they are motivated by the motivation to get the maximum profit, you need to think about the development of yourself in this company. Rarely when we want to get busy at work, be aware that we won’t learn anything new there. And from here it is now necessary for the workers to think about training the staff. Most companies are equalized with small income up to 100 thousand. dollars on the river, they say and do not think about hiring staff, but are trying to show what their place is in this company with the best minds for you, to be afraid of wasting staff. The company and care that will ensure the commitment of the staff - the ideal option is to work in them yourself!

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Compensation

When issuing a dismissal order, the company’s management prepares a full package of financial payments, including:

• wages (for all days, including the date of dismissal);
• compensation for saved vacation days;
• payments for certificates of incapacity for work;
• dismissal benefits;
• maternity payments (if the dismissal affected a woman who is on maternity leave for a child under 3 years old).

When reinstated in a previous position, the company also needs to be prepared for additional cash costs. These include legal costs, which must be compensated by the losing party. Also, the newly hired employee is paid a salary in the amount of the average daily income for the entire day that the person could be at work. And lastly, moral compensation, the amount of which is small and ranges between 2-3 times the average monthly income.

Recovery procedure

We must be patient, as returning is not a quick process.

Where to contact?

You can turn to several authorities for help, each with its own nuances of work.

Federal Labor Inspectorate

After submitting the appeal, inspectors will be sent to the company within 10 days to clarify the circumstances of the case. However, this investigation will not be complete. After the procedure, the employer will receive an order to eliminate the violations. However, the inspection can punish the company's managers. You can try to change this decision through the court within three months.

For your information

Contacting the inspectorate will not allow you to hope for compensation for lack of income and moral damage.

Prosecutor's office

They have the right to thoroughly check all aspects and access to all papers. In addition, the prosecutor's office can involve the judiciary if necessary. But due to the fact that this offense is administrative, there is a chance of delays and a purely formal investigation. In addition, a qualified lawyer from the audit. After an investigation, an order to return the person is issued.

Judicial authorities

Sending an application to the court requires careful preparation. But only he has the right to call witnesses and have access to all papers. The judicial authorities are able not only to reinstate the employee, but also to demand moral compensation or a change in the reason for dismissal. However, the court investigation is the longest and most painstaking.

What documents will be required?

It is necessary to collect all documents that confirm the plaintiff’s case. These include:

• sound recordings;
• video;
• witnesses;
• employment history;
• papers that show that the person worked: certificates, passes, invoices and other documents containing the employee’s full name and organization data.

All these papers must be accompanied by a statement indicating:

• in the header: name and address of the court, information about the plaintiff and defendant;
• further describes the employer’s offense, all words must be supported by documents;
• at the end - time and signature.

For your information

The application must be submitted before the expiration of 30 calendar days from the date of dismissal.

Outcome of the trial

The court ruling is mandatory for immediate execution, so if the trial has a positive outcome, you can go to work tomorrow. The person is given a writ of execution, which must be shown to his superiors. It must restore you immediately. If you refuse, you can contact the bailiffs in the area where the office of the offending company is located.

What to do if the dismissal was forced, and the application was written under duress

It should be noted that reinstatement is most often discussed when a citizen is fired unreasonably, without observing the generally established procedure, or with violations. The root cause of this is mainly unresolved disagreements between the employee and the employer, which are officially called “labor disputes”.

If a dismissed citizen believes that he was fired unlawfully, thereby violating his rights, he can always contact any authorized body to resolve the issue of protecting his rights and reinstatement at his previous job. The application procedure is regulated by the provisions of the Federal Law of the Russian Federation No. 59 dated May 2, 2006 (as amended on December 27, 2018). You can file a complaint against the employer with the following authorities: State Tax Inspectorate, prosecutor’s office, court.

If an employee, roughly speaking, was forced (through pressure, threats, persuasion, or deception) to write a statement of his own free will, then such dismissal is considered unlawful. In fact, any dismissal not only due to coercion, pressure, but also on grounds that are not in the Labor Code of the Russian Federation is considered illegal. And it can be challenged in court by filing a claim in court within a month after dismissal.

But when challenging, the applicant whose rights are violated must prove this. What exactly to prove? The fact that he was forced to write and submit such an application by the employer (another person). If the presence of psychological (other) pressure on the dismissed person is proven, the court will consider that there were no grounds for dismissal (i.e., employee initiative) in fact. Therefore, the fired person must be reinstated.

Keep in mind

Work.ua has prepared 4 simple tips that you can use for a successful return.

Time can change a lot

This is always worth considering. Therefore, you can guess about the processes in the company at this stage of its existence, but not know for sure. Therefore, you should be more careful when talking about problems that you can solve, because they may no longer exist. Unless you were told about them by inside sources.

Be prepared to present yourself as a completely new employee, not an experienced one. You will have to prove your experience and competence, and not rely on past achievements.

Prepare a good story

Even if many would be happy to see you again in the company, this does not guarantee anything. You will still need to convince the employer that you are the best person for the position. No one expects you to stay here forever this time, but your interest in the job and motivation should not be in doubt.

Don't be cheeky

You may indeed be the ideal candidate for this position, but overconfidence can be harmful. Stay friendly and open.

Make sure you don't make a mistake

Do you remember why you left last time? Are you sure you want to come back? Make a list of the pros and cons of working for this company. At the interview you will be able to clarify what has changed. This will help you make your final decision. You must have a clear idea of ​​what you want to achieve there and confidence that you have a chance to achieve it.

Rules for a successful comeback

In order for the return to be most successful, it is worth working on yourself. Here are some recommendations:

1. You need to understand the main reason for leaving and be sure to talk with the employer. Expectations and prospects must be communicated.
2. Tell your colleagues about the real reason for leaving. Frankness and honesty are important here.
3. You need to understand that at first the team will be wary of such an employee.
4. It is worth realizing that it will no longer be the same as before. All contacts need to be established, just like the first time.
5. It is useful to use the experience gained at another place of work.

An employee must evaluate whether it is worth returning to his old job after dismissal if the reason for his departure remains. For example, if leaving was provoked by tense relationships in the team, and the staff has not changed at all after a while, then there is no point in returning to work.

The legislative framework

Article 37 of the Constitution of the Russian Federation states that every citizen has the right to work, as well as the right to freely dispose of their ability to work. Based on Article 77 of the Labor Code, an employee can voluntarily terminate an employment contract whenever he wants, in the manner prescribed by law. In addition to the Labor Code, there are other regulatory additions that regulate a person’s labor activity and the dismissal of some employees:

• Federal Law No. 79 “On State Civil Service”;
• explanatory documentation of the Plenums of the Supreme Court, Rostrud, and so on.

However, in reality, this procedure can be violated in every possible way, which makes the dismissal of an employee illegal. This includes procedural issues (for example, an incorrectly indicated day of dismissal in an order), and even forcing employees to terminate their work contract, that is, forced dismissal. In these situations, the provisions of Chapter. 60 of the Labor Code of the Russian Federation, which describes the procedure for resolving labor disputes and the procedure for considering such cases in court.

APPRECIATED THE ATMOSPHERE AND PEOPLE

Lyudmila Akhtyamova (30), Yekaterinburg
I worked for four years in a company that designed and installed video surveillance systems. Our atmosphere has always been, let’s say, creative: the bosses turned a blind eye to lateness, smoking breaks and tea parties, did not forbid “hanging out” on social networks and forums if the work was done on time, and we resolved minor issues ourselves, without the help of the boss. But one day a friend called ICQ: “We have so many new projects. Come to us!” At first I doubted, but then I thought that I had really been too long, that it was time to grow, that it was more prestigious to work in a reputable company, and not in our “Horns and Hooves”, and the size of the offered salary was pleasing. I wrote a statement. The management was against it. They offered to increase my salary, but I had already made my decision. The dismissal coincided with the end of the year, and the last day of my work smoothly turned into a New Year's corporate party. We, as always, had a very heartfelt sit, I said goodbye to everyone and left to conquer uncharted heights. At my new job, I was assigned to an office where eight other employees were sitting and there was deathly silence. If someone started a conversation with someone, they did it in a whisper and almost with a conspiratorial air. The friendly atmosphere that I was used to was clearly missing here. Then it turned out that there was no freedom of action either: any step to the right or left of the intended course had to be agreed upon in writing with four people. I could only use the Internet for business purposes, and correspondence was carefully monitored. And when I complained to a colleague, my words were immediately conveyed to the boss. The already difficult situation in the company was exacerbated by the fact that our team included the director’s wife, the director’s sister and the director’s mother. In the end, it turned out that I was absolutely not ready to spend 8 hours a day in this gas chamber, to constantly control myself, afraid to say or do something wrong, to break into a smile when I met the director’s mother in the corridor! And also his sister and wife... Four months later, I dialed the number of my former boss. Very seriously, trying to change her voice, she asked: “Tell me, do you need people in the design department?” He was silent for five seconds, and then he burst out laughing and replied: “Come for an interview, let’s talk!” I returned to my native company. They received me as if I had just come back from vacation. And one colleague said: “I always knew you would come back!” Now I'm on maternity leave. When my daughter grows up, I will be happy to join my family team for the third time.