The decision to change jobs is not always easy. In addition, the employee must notify management of the upcoming changes 14 days in advance. This creates a time gap between intent to leave. During this period, the employee can change the decision independently or as a result of current circumstances. Is it possible to withdraw a resignation letter at your own request and how to do it?
Does an employee have the right to withdraw his application if he changes his mind about quitting?
The desire to withdraw an application arises for several reasons:
- the employee changes his mind about resigning;
- plans for a new place of employment have changed;
- The working conditions at the current location have changed.
When circumstances change, is it possible to withdraw a resignation letter of one's own free will? In most cases this can be done. This likelihood should be considered depending on the stage at which the application is at, the position of the employer and other important factors.
Before the notice period for dismissal expires
From the moment the decision is made to the final departure, the employee almost always has a period of up to 14 days. During this period, a lot can change, so the law allows you to withdraw your application for care. The employee retains this right in almost all situations and on any day.
If it's already signed
Typically, an application for voluntary resignation is signed by the boss on the first day of submission.
This signature means that the employer is familiar with the employee’s position on leaving and the countdown of the 14-day period begins, unless otherwise agreed by the parties. What should an employee who has changed his mind about resigning do if the application has already been signed? According to the law, an employee can change his mind about resigning, even if the document is signed and the boss has approved it.
That is why it is not too late to write a review of it and submit it for approval to the boss.
On the last day of work
The most pressing issue may arise regarding cancellation of an application on the last day of work. What to do if the deadline expires, and at the end something changes and the employee decides not to leave? In this case, despite the fact that the last working day has arrived, the employee can withdraw the application.
Expert opinion
Irina Vasilyeva
Civil law expert
Until the moment of payment and receipt of the work book, the interested person is not considered dismissed and may change his mind regarding leaving.
Sample review
The question of whether it is possible to change your mind about resigning if you have written a statement and how to properly cancel it worries doubting employees. The legislation does not regulate the specific format for revoking a document of intent to resign.
It can be written in free form, but with the obligatory indication:
- company name;
- FULL NAME. head of the enterprise;
- personal request for the return of paper.
Sample:
To the Director of JSC "Mars"
Parkharov Evgeniy Leonidovich
from a labor protection specialist
Petukhova Valentina Ivanovna
Statement
I ask that my application for voluntary resignation dated June 20, 2018 be considered invalid due to personal circumstances.
06/26/2018
If the application for voluntary resignation was not properly completed and not registered, it can be withdrawn without a written response if the employee changes his mind about resigning.
Step-by-step instructions for canceling a decision to quit your job
How to withdraw a resignation letter of your own free will? To do this, you can verbally inform about your decision and if the employer does not mind, then the application is canceled. However, to avoid misunderstandings, it is advisable to submit your review in writing.
To implement the procedure, you must follow a certain sequence of steps:
- drawing up a response to the application in writing. The form of the document can be studied using a sample in advance or asked from the human resources department of the organization;
- submitting the document to the HR department after agreement with the boss;
- expectation of the employer's reaction, which in most cases should be positive;
- getting a response.
If everything went well, then the employee simply continues to work in the same place. If the employer’s refusal was legal, the employee will have to leave after the expiration of the period.
Otherwise, you should file a lawsuit or file a complaint with the Labor Inspectorate.
Step-by-step steps to withdraw your resignation letter!
- As you understand, the main thing here is to submit an application to withdraw your resignation before another employee is invited to take your place and before the end of the 14-day period. We submit an application for revocation in writing, it must be drawn up in 2 copies and handed over to the employer, on your copy the employer must put a date and a mark of acceptance, after which an answer to you must also be given in writing about the satisfaction of your request or refusal with the obligatory indication of the reasons for such refusal. You can also submit an application for revocation by mail to the employer with a list of attachments and a receipt. You can send such an application by mail even on the last 14th day and the date of submission of your application will be considered the date the application was sent by mail, in fact the day it was submitted to the post office;
- We always contact the employer in writing, since you will have a second copy of the application with the employer’s notes in your hands and this will be proof that you submitted the application. But if you appeal orally, then it is better to do this in the presence of witnesses who, in case of problems, will be able to confirm the fact of your appeal;
- Next, we are waiting for the employer’s decision (response), as we have discussed, the answer can only be negative if the employer has already invited a transfer worker to take your place, with whom the employment contract at the previous place of work has already been terminated. All other reasons for refusal are illegal.
How long can I pick it up?
If the dismissal has already occurred, then nothing can be changed. The next day after the final payment, the employee is considered dismissed and it will not be possible to withdraw the application. In this case, all he has to do is leave or get a new job with this employer, if the latter does not object and the position is still available.
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What recalculations need to be made?
On the last working day, the employee was paid all amounts due (Part 1 of Article 140 of the Labor Code of the Russian Federation), namely:
- wages;
- compensation for unused vacation upon dismissal.
How to fix this if an employee withdraws his resignation letter and continues to work?
There is no need to recalculate wages, since they were paid for time worked. Compensation for unused vacation will be an overpaid amount. After all, the employee continues to work and retains the right to annual paid leave for the time worked. The compensation amount will be credited against subsequent salary payments. Personal income tax and insurance contributions accrued on it will also be offset against the subsequent payment of taxes and contributions.
How to write an application for refusal of dismissal: rules for registration and sample
If the parties have agreed on a written response, then it should be drawn up correctly and competently.
The review is compiled just like any other official document and includes the following data:
- FULL NAME. the applicant;
- employer's name;
- direct appeal from the interested party;
- date of compilation and signature of the interested person.
Once completed, the document is submitted to the boss for signature. If approved, the employee simply continues to work in his place.
A sample document can be downloaded and studied in advance to avoid problems during preparation. You can often obtain a sample from the human resources department or office of the organization.
Employer's actions
In this situation, the administration must act according to the law. As has already become clear, a worker has the right to cancel his application for termination of an employment contract at his own request, even on the day of dismissal (last day of work). There is a clear procedure for what HR department specialists should do when an employee changes his mind about quitting, but an entry in the employment record has already been made and an order has been issued.
To cancel an order, the specialist must perform the following actions:
- On the employee’s application for dismissal, the following must be written: “Cancelled based on the application of P.R. Petrov dated May 20, 2018.”
- Create an order to cancel a previously issued dismissal order.
- Cancel an entry in the employee’s work book based on an order to cancel the dismissal order. In other words, you need to enter information about the invalidity of the previous entry.
- In the employee’s personal card, you also need to cross out the erroneous entry about dismissal and certify this with the signature of a specialist from the personnel department. You should not create a new card and copy data into it. To create an archive, it is more correct to cross out the entry and note the number of the order to cancel the previous one.
- Recalculate taxes and compensation payments. It is necessary to withhold compensation from the person for days of unused vacation and severance pay upon dismissal (if any). Taxes calculated from these payments are also adjusted.
A worker who knows his rights and obligations will never doubt that he, having written a statement of his own free will, but changed his mind about quitting, is protected by law.
The administration has no right to refuse him. HR employees must strictly follow the law and prepare documents in the prescribed manner.
Consequences for owner and employee
Neither the employee nor the employer faces any consequences from withdrawing the application for termination of the employment contract. An exception is the case when an employee decided to stay at his workplace, but warned the manager too late (for example, the letter was sent by mail, did not reach the recipient for a long time), and the order has already been signed . In this case, the company reinstates the employee in his position and, in addition, pays him financial compensation for all forced absences. You can also find out how much to pay from the current legislation.
How to cancel a resignation letter
The procedure for canceling an application at the employee’s own request is not regulated at the legislative level. The form of the application and the procedure for submitting it are also not regulated by law, and therefore are determined only by business customs.
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So what is the correct way to withdraw a resignation letter, based on current practice? Cancellation of an application must be made in writing. After all, if a labor dispute arises, an employee can be reinstated at work only if he has the opportunity to confirm the fact that he has withdrawn his application. An oral form of revocation is not a guarantee of reinstatement, since proving the fact of refusal of the application in this case will be problematic.
Cancellation of a resignation letter can be carried out in the following ways:
- By placing the appropriate mark on the application itself. However, the personnel service of an enterprise does not always give the employee the opportunity to put any marks on the accepted document.
- By drawing up a separate document, which contains a request to withdraw the previously written resignation letter or cancel it. This document must be registered by HR employees. In small organizations where there is no personnel service, the application for cancellation is submitted directly to the employer. The worker should either check whether his application was accepted or send it by registered mail.
You can download the form and sample for filling out such an application in the “Forms” section at the beginning of the article.
When you can't recall
The general rule is that the employer cannot prohibit you from remaining at work. But the law provides one exception. If a new employee is invited in writing to fill the vacated position, the resigning employee’s review may be rejected. The new employee must belong to the category of those who cannot be denied an employment contract. A classic example is an employee invited by transfer from another employer.
Another situation is also possible. A two-week “work off” is a general rule, the exception to which is earlier termination of the employment contract. Of course, there must be mutual consent of the parties to this. The reason on which the employee quits does not change, it will still be his own desire, but he will receive the work and pay earlier. He will also sign an order to terminate the employment contract, that is, in fact and legally, the legal relations of the parties will terminate before the expiration of two weeks from the moment of registration of the employee’s request to dismiss him at his own request. This means there can be no talk of a recall.
conclusions
On the topic studied, we highlight several main points:
- The employee has the right to write a review of the resignation letter up to the day of termination of the employment relationship (inclusive).
- If an employee wrote an application for leave with subsequent dismissal, then the right to recall remains with him until he leaves for rest.
- If a person wishes to withdraw the application by agreement of the parties, this can be done before the agreement is signed.
- Management has the right to refuse cancellation when another person has already been invited in writing to fill the vacant position.
- The law does not provide for a special form of revocation. It can be in written or printed form. The signature must be affixed by hand.
- It is recommended to write the text in two copies, on one of which the employer will sign an acceptance, which will protect the employee’s rights in the event of controversial issues.
- When a manager does not want to accept feedback from an employee, it can be sent by mail with a notification letter.
Procedure
It is not legally defined in what form the application must be withdrawn. Essentially this can be done with:
- phone call;
- writing an email;
- writing a personal statement, etc.
The main thing is to make sure that:
- information has been delivered to the owner;
- there is some confirmation of this.
This will be useful if one of the parties possibly goes to court. Therefore, it is still recommended that such feedback be written.
There are many similar situations in judicial practice.
For example, citizen A. filed a lawsuit in which he demanded reinstatement at work and the accrual of compensation for absenteeism. In the lawsuit, he stated that he had to write a statement under strict orders from his manager, who put serious pressure on him. The day before the specified date of dismissal, i.e. before the expiration of the two-week period, he verbally informed the director that he did not intend to leave. The next day, he was given a work book, in which an entry was made about his dismissal at his own request.
The court ruled that the owner was wrong in this situation, since in fact citizen A. notified management of the cancellation of his decision to quit, which was confirmed by witnesses.
It is important to know that an unscrupulous employer may not register a request for revocation. It's better to play it safe and send it by registered mail. The date of revocation will be the day the letter was sent, not the day it was received by the addressee. Even if the owner receives the letter later than the employee’s last working day (day of dismissal), such a review will still be legal.
Often employees have a question about whether an employee can withdraw a resignation letter if it is signed . Yes maybe. But he must do this within the period established by law.
It is important to know that a review cannot be canceled. Also, if management has already issued and signed a dismissal order, then its cancellation is also impossible. According to the rules, another order must be issued that cancels the previous one.
How does the HR department process a revocation of an application?
In large organizations, the document is submitted to the HR department. According to the general rules of office work, the document is assigned an incoming number, and a copy with an acceptance mark is given to the applicant. In small organizations where there is no human resources department, the paper can be handed over to the manager’s secretary, who must also register the accepted notification by handing over a copy with an “incoming” stamp to the author of the document.
In some cases, transferring papers from hand to hand can be problematic, for example, when we are talking about an individual entrepreneur who does not have a secretary or personnel department, or when the employee knows that the employer will refuse to register the document. In such situations, it is better to send your statement of will by registered mail with a return receipt noted.
Important
When sending this document by mail, the date of revocation will be considered the day the registered letter was sent, and not the day when the document itself is received directly by the addressee.
