Order to cancel the dismissal order: sample 2021

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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• What is the employer obliged to give the employee on the day of dismissal?

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.

Features of the procedure

In some cases, it is more correct not to cancel the order completely, but to make the necessary changes to it. When a document contains several points, and only one is subject to cancellation, it is recommended to issue an order to amend rather than cancel the order.

It is important to understand the difference between canceling a document and invalidating it.

By canceling an order, the employer terminates its effect from the moment the new order is issued. To recognize a document as invalid means to recognize the absence of any consequences of its adoption, as if it had not been issued.

There are cases when canceling an order is impossible. One of them is if another person is invited to take the place of the employee who wanted to leave. Also, the order cannot be canceled when previously it was a question of leave with subsequent dismissal.

The law prohibits dismissing an employee during a period of illness confirmed by sick leave. Therefore, if a citizen falls ill during the two-week period of work before dismissal, the previously issued order must be cancelled.

Please note! All grounds for termination of an employment contract at the initiative of the administration are listed in Art. 81 Labor Code of the Russian Federation. If one of them becomes the reason for issuing a dismissal order, and then the employee brings documents confirming his correctness, the order is canceled.

A typical case is drawing up an act and severing the employment relationship with an absent employee. If the citizen later provides a legal justification, the act and order must be canceled.

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.

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.

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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.

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.

Employer's procedure

If the termination of the employment relationship has not yet been formalized, then no difficulties arise with the documents: you just need to put it on the resignation letter and attach it to your personal file. However, more labor-intensive work remains in the case when everything has already been formalized. In this case, the employer must take the following steps:

1. Cancellation of the dismissal order. To do this, you also need to issue an appropriate order. The law does not establish a unified form for this document, so you can focus on the one that is used in your organization. The form must indicate information that the order was canceled due to the withdrawal of the application, as well as specify the details of notifying the employee about the change in his decision. You should also list the positions of those responsible for making changes to personnel documentation, recalculating amounts, etc.
2. Cancellation of an entry in the work book. You cannot simply cross out a notice of dismissal. The next entry after it in the work record must be formatted as follows: “Entry No. is invalid.” And as the basis for making an entry, indicate the order to cancel the dismissal order (clause 30 of the Rules approved by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, clause 1.2 of the Instructions approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
3. Making corrections to the employee’s personal card. In the section “Grounds for termination of an employment contract”, the record of dismissal must be crossed out with one line and marked o, as well as the signature of the employee who made this correction (Instructions for filling out a personal card, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). In the “Additional information” section, it is necessary to indicate that the dismissal was canceled based on the employee’s application and order to cancel the dismissal.
4. Recalculation of payments. In accordance with Articles 140 and 178 of the Labor Code of the Russian Federation, on the last working day the employee is paid:

• wages for hours worked;
• compensation for missed vacation;
• bonuses and additional payments, severance pay provided for by the company’s internal regulations.

There is no need to recalculate wages, however, payment for unpaid vacation will become an overpaid amount, since the person will continue to work and the right to annual paid rest will remain. The same rule applies to severance pay with additional payments, if provided for by a collective or employment agreement.

These amounts must be counted against the next salary, and accrued personal income tax and insurance contributions must be counted against the subsequent payment of taxes and contributions. But such an offset can be carried out only after obtaining the employee’s consent (Article 137 of the Labor Code of the Russian Federation, letter of Rostrud dated 08/09/2007 No. 3044-6-0).

Statement

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.

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.

Feedback at the employee's own request

If a citizen wishes to terminate an employment contract, he must submit a corresponding application. From the date of its execution, the two-week period before dismissal begins. This period is provided in the interests of the organization to ensure the possibility of selecting another employee for the vacant position.

The resigning employee continues to perform his duties. During these two weeks, the employee can withdraw his application. To do this, you must write and submit a new application regarding the revocation of the earlier one.

Please note! If by this time the order to terminate the employment relationship has been issued, it should be canceled.

An exception is provided for cases when a new employee has already been invited to this position. The contract concluded with him is not subject to termination due to the withdrawal of another employee’s resignation letter. The former employee’s application itself, withdrawing a previously submitted one, should not be accepted.

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. As a general rule, after writing an application for termination of employment, the employee must work for another two weeks (Article 80 of the Labor Code of the Russian Federation). During this period, nothing prevents him from changing his mind and refusing dismissal - 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.

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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.

When can you cancel a document?

An order to dismiss an employee may be canceled under the following circumstances:

• at the request of the employee. Art. 80 of the Labor Code of the Russian Federation requires a citizen who has submitted an application for resignation to work for 2 weeks. During this time, he has the right to change the decision and withdraw his application. However, it is possible that by the time the application is withdrawn, the order has already been issued and registered. Then it must be cancelled. The same rule according to Art. 81 of the Labor Code of the Russian Federation applies if, within 2 weeks from the date of filing the application, the citizen fell ill and was unable to work;
• at the request of the employer. The law allows the employer to initiate the termination of the employment agreement in cases provided for in Art. 81 Labor Code of the Russian Federation. A common case is a violation of discipline, for example, long absence. In this case, the administration of the enterprise has the right to decide to dismiss such an employee. It is accompanied by the publication of an act and an order for his dismissal. But a situation is possible when it later turns out that the citizen had a valid reason for not showing up for work (for example, an accident), which he was not able to report. Since the employee has supporting documents, the dismissal order is subject to cancellation;
• based on a court decision. The judicial review is preceded by a complaint from an unreasonably dismissed employee. The result may be a decision to reinstate the employee. One example is the illegal dismissal of a pregnant woman.

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 .....”

Methods of inducing people to write a resignation letter of their own free will

• Psychological pressure (persuasion, persuasion, rude and insulting treatment);

• bringing to disciplinary liability, including deprivation of bonuses, without grounds;

• unbearable increase in workload and requirements;

• refusal to provide scheduled vacations and days off, etc.

These very methods depend on the “decency” of the boss and the sophistication of his imagination. Many employees, succumbing to management pressure and emotions, make a rash decision and write a letter of resignation of their own free will, without actually having such a desire.

If such a situation happened to you and after writing your resignation letter you realized that you are not ready for dismissal (you want to compete for a place, you are afraid of being left without a livelihood) - it is in your will to return everything back and keep your position, despite the fact that you want this is the employer or not, even if the dismissal order has already been issued.

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.

Cancellation by employer

In addition to the desire of the employee, the will of the employer may also be the reason for canceling the order. One example is given above - a situation with an unfounded conclusion about absenteeism. Also, the reason may be the receipt of a court decision and a statement from the citizen himself.

The release of a new order is accompanied by the following actions:

• making an entry in the work book. It is mandatory to indicate the grounds and details of the canceling document;
• changing the information in the personal card with the certifying signature of an employee of the HR department;
• recalculation of payments.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

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.

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.