How to cancel a dismissal order
If the employee changed his mind to resign on the day of the dismissal, and the order has already been issued, issue another order “On the abolitionorder from ____ number __ ". The day of dismissal of an employee is considered a working day, and he is entitled to write a written refusal to dismiss. This will be the documentary basis for cancellation.
Unified form likeorder 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 firing ).
A similar procedure should be carried out in case the employee became ill on the day of the dismissal and notified the employer that he had been given a sick leave. Order offiring It is canceled without fail, if the reason for dismissal is the initiative of the employer.
If the initiative came from an employee (dismissal of his own accord), then he has the right to decide for himself whether he will quit or not.
If the employee is reinstated, cancellationorder on 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 pay and benefits accruing to him. At the same time, changes must be made to the employee’s work book and his personal file.
What problems may 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 to cancel the dismissal, you need to issue an order “On Amendments to the Staff List”.