Labor relations are an area in which misunderstandings and various kinds of conflicts often arise. Sometimes employees, having quarreled with the team or bosses, decide to leave the company. In some cases, such a decision is made on emotions. And I want to cancel it. Is it possible to pick up a letter of resignation? How to cope with a similar task? The answers to all this and not only will be necessarily discovered below. In fact, everything is simpler than it seems. Especially if you prepare for the procedure in advance.
The right to dismissal and employment
Is it possible to withdraw the letter of resignation in Russia? What does the legislation of the Russian Federation say on this issue?
Employment in the territory of the Russian Federation is voluntary. And everyone has the right to be hired. Dismissal under the Labor Code of the Russian Federation is different. For instance:
- according to personal desire;
- due to reduction;
- due to the liquidation of the company;
- due to the closure of the IP;
- at the initiative of the employer;
- by agreement of the parties.
Most often, people leave work of their own free will. And only sometimes the termination of relations with the employer is forced.
Under current laws, you can cancel your employment at any time. The main thing is to behave correctly. Is it possible to pick up a letter of resignation? To understand the selected topic, it is worth exploring the order of leaving work at will. This technique is the least troublesome for the bosses.
How to quit yourself
Can I pick up a letter of resignation if I change my mind about leaving work? To begin with, we will study the procedure for terminating labor relations. Suppose that a subordinate himself decided to leave the company.
In this case, he will act in this way:
- Make a letter of resignation. This is not so hard to do. The main thing is that the document is written on paper.
- Submit an application to superiors for signature.
- Work out the time allotted by law.
- Come on the appointed day and familiarize yourself with the order to terminate the employment type.
- Pick up the required documents when leaving the company.
- Get a calculation for the hours worked.
- Sign in special accounting journals for documents and received funds.
That's all. In fact, termination of employment does not cause any difficulties. But what if the employee suddenly changed his mind? Next, we consider possible scenarios.
Is there a right to change the decision
Can an employee pick up a letter of resignation? Yes, but not always. Subordinates have such a right only when they independently decide to leave their previous place of work.
Accordingly, if the termination of a labor-type relationship is forced or at the initiative of the employer, the request cannot be withdrawn. This is quite normal.
What if the parties agreed on the departure of a subordinate? Such situations provide for the withdrawal of applications, but in real life the situation is almost never encountered.
How much time is given for reflection
Can I take the letter of resignation back? By law, yes. Moreover, such situations are more and more common.
Are there any restrictions on the time allotted for changing a previously made decision? Yes. The thing is that citizens are allowed to refuse voluntary termination of relations with the employer only for a certain period of time.
Ideally, this is a mining period. It lasts 14 days. During this period, the employee is able to withdraw the previously submitted application.
Moreover, on the day of termination of employment, you can also cope with the task. But this act gives a lot of trouble to the employer.
Probation
Is it possible to pick up a letter of resignation if the employee is on probation? Some subordinates are not aware of their rights. And therefore, employers can take advantage of their ignorance for personal gain.
During the probationary period, the citizen is offered the same rights as with regular employment. The difference lies in the fact that working out upon termination of labor-type relations is significantly reduced. A person will have to work out just 3 days.
This means that there will be less time to change decisions regarding leaving the company. Only within 3 days the subordinate will be able to withdraw the previously filed application.
Part-time and change of decision
Is it possible to collect a letter of resignation while working part-time? Or is a person working in different companies not given this right?
Under the law, part-time work is equivalent to a permanent place of work. The difference is that in this case, a side job can last no more than 4 hours a day. Otherwise, all the norms of labor legislation adopted in Russia are applied to the employee.
It follows that when working part-time, a citizen may change his mind regarding leaving the company. And the employer has no right to prevent such an act.
Sick and termination
It is not so difficult to pick up a letter of resignation on your own. The main thing is to know how to act. But more on that later. First, consider the most common situations.
Subordinates can apply for leave from work while on sick leave. And what about the recall of the request?
An employee on sick leave also has the right to change his mind to leave the company. He will have to file a request for the recall of the earlier decision, as well as the rest of the employees.
Leave and Decision Making
Is it possible to pick up a letter of resignation while on vacation? By law, every employee has the right to leave the company at any time. And during the holidays as well. But what about changing the decision?
Vacation is not an obstacle to withdrawing a request for termination of employment. Therefore, if a citizen changes his mind, he will have to act on the instructions proposed below. The authorities are obliged to accept the request and consider it. Moreover, it is impossible to refuse to correct the studied solution. This is a direct violation of applicable law.
Maternity leave and leave
Women during maternity leave and leave to care for the baby can quit on their own initiative. What if the application is submitted and the decision is changed?
It's time to hurry up and make a request to withdraw the letter of resignation. During maternity leave and care, employees can also leave work and change their minds at will. But, as practice shows, such situations are almost never found in real life.
Agreement of the parties
Can an employee pick up a letter of resignation if they leave the company by agreement of the parties? Yes.
The time during which the adjustment of the earlier decision will be allowed is limited by agreement. Until an employee is officially fired, he may change his mind. This is quite normal, albeit a very rare occurrence. After all, the agreement of the parties when leaving work is a definite benefit for employees.
Transfer to another company
But there are exceptions. The thing is that from time to time subordinates cannot change their minds to leave the company. When is this possible?
For example, if two companies have agreed among themselves to accept an employee from one organization to another. Then, at the same place of work, a person is dismissed with his consent. And in the second - I hire. This norm is spelled out in article 64 of the Labor Code of the Russian Federation.
Under such circumstances, you can’t change your mind about dismissal from your previous job. Indeed, the termination of labor relations is carried out exclusively in the form of a transfer to another organization.
There are no more exceptions to the Russian legislation. So, in other cases, you can change your mind about dismissal. Especially if a person leaves the company on their own. Forced dismissal does not allow employees to want or not want to end their employment with the corporation.
How to withdraw a statement
Below is an instruction to revoke a letter of resignation. To cope with the task is not difficult. Even a newly hired person will be able to bring the idea to life.
The application revocation guide is as follows:
- Write a review statement. It must indicate your request, date of filing of the application and information about yourself.
- Submit a request to the employer.
- Wait for the request to be signed.
That's all. At this stage, the employee will no longer be faced with active actions. He filed a review on the dismissal and can wait for the result. The employer must file an application in accordance with established laws.
How to act to the authorities
Did the employee pick up the letter of resignation? What should the employer do in this case?
The head of the organization will need:
- View the application.
- Sign an application for recall of a decision made earlier by an employee.
- Issue an order and draw up an act to cancel the request for termination of labor-type relations.
It is done. In reality, everything is much simpler than it seems. And the personnel department will quickly cope with the tasks.
If there is a dismissal order
Sometimes employees change their mind about leaving the company at the last moment. According to the law, until a person has signed an order to terminate an employment relationship, an employer cannot get rid of a subordinate. But there are exceptions.
If there is already a dismissal order, the employee just needs to write and file a request for the recall of the earlier decision. The employer accepts the application, and then quickly performs the previously proposed actions. It is important to issue an order to cancel the order to terminate the labor type relationship as soon as possible.
Important: the described situation sometimes forces employees to go to court. For example, when the termination of employment is not completed, and the employer refuses to accept feedback.