How to cancel a dismissal order
If the employee has changed his mind to leave on the day of dismissal, and the order has already been issued, issue another order "On cancellationorder from _______ ". Day of dismissal of the employee is considered a working day, and he has the right to write a written refusal of dismissal. This will be the documentary basis for cancellation.
A uniform form of this kindorder no. The employer can develop such an order. It should state the reason for the cancellation, instructed personnel employee of the appropriate changes in personal business and employment history (if they have made records dismissal ).
A similar procedure should be performed if the employee falls ill on the day of dismissal and notifies the employer that he has been given a sick leave sheet. Order ofdismissal is canceled without fail, if the grounds for dismissal are the employer's initiative.
If the initiative came from the employee (dismissal on his own), then he has the right to decide whether to resign or not.
If the employee is reinstated at work, the cancellationorder for dismissal - the first and mandatory step of the employer. The order must be issued immediately after the court decision (no later than the next day).
The employee is reinstated in his previous position, with the same payment and the benefits that he deserves. At the same time, changes must be made to the employee's work record and his personal file.
What problems can arise when cancelingorder restored to the dismissal of the employee? First, the former position to the date of the judgment in the case (litigation sometimes lasts up to a year or more) may be occupied by another worker. In this case, the employee substitute position, must be dismissed. Before that, he needs to offer other vacant positions if they are on the enterprise. Only in case of refusal of transfer, the employee must be dismissed according to item 8 of article 77 of the LC RF. If no vacant positions, the dismissal is made under paragraph 2 of article 83 of the LC RF. In both cases, he shall be paid a two week severance pay.
Second, if the recovered worker was dismissed by downsizing, his position at the time of restoration may not be in staffing. However, it is a problem of the employer – simultaneously with the publication of order on the abolition of dismissal you need to issue an order "On Amending the Staff Schedule."