Labor legislation allows an employee to withdraw his letter of resignation within two weeks from the date of its transfer to the head of the organization. Moreover, the employee can do this at any time before the expiration of the specified period. If an employee decides to withdraw his application the day before dismissal, the boss will not be able to object to him. Nevertheless, the situation may be complicated by the fact that another person who cannot be denied employment will already be invited to the place of the latter in writing. In this case, the letter of resignation will be impossible to withdraw. Learn more about all this from this article.
How to make
How to write a letter of withdrawal of a letter of resignation, a sample of which is not provided for in labor law? This question is asked by many employees who decided not to leave a place of their official activities at the enterprise. So, you can write this statement in your own words, the main thing is that the request coming from the employee should be official and confirmed by his signature. For example, a withdrawal of a letter of resignation of one’s own free will can be issued as follows:
To the head _________________ (company name)
__________________________________ (surname and initials of the chief)
employee _______________________ (personal data must be specified)
position___________________
Statement
Please withdraw my voluntary resignation from ____________ (indicate what date it was written) due to the fact that I decided to continue working in my position at the enterprise.
The number ______________
Employee Signature _______________
Subtleties
Nevertheless, before submitting a letter of resignation to the personnel department, a sample of which is not recorded in any normative act, it must be remembered that the head of the organization may not sign it. This happens if another person was invited to this vacant place in writing, who, from the point of view of the law, cannot be denied employment. In other words, if a citizen was called to a position in an organization by transfer, and he has already quit his company, then the manager does not have the right not to hire him.
Here we are talking about the obligation of the employer to employ a new person in the vacant place of the resigning employee after the expiration of a two-week period.
What else do you need to know
Many employees want to end their employment relationship with a manager after they go on vacation. But what you need to know in this case? So, the law does not prohibit an employee from going on vacation with subsequent dismissal. The withdrawal of the application for termination of service may be transferred by the employee to the head only until the first day of vacation. Because after going on vacation, the employee will no longer have such an opportunity.
According to the norms of TC
Most executives wonder when to dismiss an employee who wrote a statement of their own free will. So, the subordinate is obliged to notify his boss of his intention to complete the service relationship fourteen days before (unless otherwise specified by law). This time period starts from the day after the boss or his secretary has accepted a statement from the employee.
How is going
The legislator does not regulate in what form the employee must inform the boss that he does not intend to quit the enterprise and wants to withdraw his application. However, it is best to do this in writing. An application for withdrawal of a letter of resignation, a sample of which is not in every organization, may be issued by an employee independently.
After drawing up the document, it must be taken directly to the boss himself or transferred through the secretary. It is best to go into the office to the head in person and explain the situation. After all, it often happens that a person has flushed up and wrote a letter of resignation, and then changed his mind about quitting the enterprise.
You can inform the manager of your desire to stay at work by simply sending an email to the organization. Only here there is no guarantee that the boss will read it.
Nuances
The main thing that every employee who decided to stay at their workplace needs to remember is that before the expiration of the two-week period they need to write a letter of withdrawal of the letter of resignation. A sample of this document might look like this:
Head _______________ (company name)
__________________________ (to whom exactly, you need to specify the data)
from employee __________________
position__________________
Statement
Due to the fact that my circumstances have changed, I withdraw the letter of resignation filed by me on _____________ (write the number).
Reason: part 4 of article 80 of the Labor Code.
The date ______________
Signature of subordinate ______________
What are the situations
The leader needs to be prepared for everything. Sometimes you even have to cancel a previously signed order. And this is despite the fact that it was published on the last day of a person’s performance on the basis of his own declaration of resignation of his own free will. An employee may submit a revocation of a previously submitted document even on the final day of a 2-week period. Thus, he will be able to protect his rights as an employee.
But what about the boss if the order to terminate the employment relationship with the employee is already signed? Based on the withdrawal of the letter of resignation, the personnel department specialist is preparing a new order to cancel the previously issued. Only in this way can a signed order be canceled. This is the order.
It should also be noted that no application to withdraw the order of dismissal, a sample of which is also not regulated by the law, does not need to be written to the employee. It will be superfluous. Because the employee is entitled to submit a review only on his application for resignation. And the leader himself can cancel the order only after the publication of a new and signed order.
Additional Information
The personnel department is obliged to warn the employee that the withdrawal of the application for the dismissal of the employee cannot be canceled. This means that if the latter again decided to finally break off official relations with the enterprise, then he will have to draw up a new document. In this case, the two-week period from the moment the boss is notified of the upcoming dismissal of the subordinate will be reckoned from the beginning.
Effects
They do not arise if the parties to the service relationship strictly abide by applicable law. Nevertheless, sometimes it happens that the head of the organization has already fired an employee who later withdrew his application. What can the boss do in this case? First of all, to restore a person in the post, and then pay him the time of forced absenteeism. Otherwise, the head can not avoid litigation.
Characteristic
As mentioned earlier, many people are interested in the question of how to write a review on the letter of resignation. So, to do this is very simple. You can take a ready-made application form in the personnel department (if it is, of course, there is) and write according to the prepared model. Or draw up a document yourself. The main thing here is to indicate the data of the manager, the employee himself and describe his request, put a number and signature.
It is also worth remembering that the Labor Code does not stipulate in what form the withdrawal of an application for the resignation of a subordinate should be submitted. This means that the employee can report the change in his decision to the boss even verbally.
If the subordinate is in good standing with the organization’s management, then even the director himself may ask him to stay at his workplace. In most cases, this is what happens. And so that the responsible subordinate does not leave his post, he is offered an increase in salary.
On practice
If the boss firmly decided to get rid of the annoying subordinate, then he will certainly do it. More often than not, the manager simply forces the person to write a letter of resignation. And even if the latter after that recalls the previously submitted document, it is unlikely that he will be able to retain his workplace. Therefore, the majority of employees laid off contrary to the law are simply forced to turn to the courts for help. In almost all such processes, only the former subordinate wins. In this case, the head of the organization has no choice but to restore the person in his post and pay the funds for involuntary absenteeism.
What innovations were proposed
Not so long ago, in the State Duma, deputies discussed the issue of providing additional guarantees to those citizens who decided to leave enterprises at their own request. The essence of the innovation was to prohibit the head of the company from inviting a new subordinate to work until the person who decided to quit on his own initiative worked out a full 2-week period and all official relationships were officially completed with him.
Nevertheless, this project was never implemented. Although discussions on this issue lasted long enough, the deputies nevertheless came to the conclusion that they should leave the previous norm of the law. Indeed, the boss needs to find a new, competent and responsible employee to replace the outgoing employee, and this takes time.