How to write a statement on the withdrawal of the application for dismissal: sample

Labor legislation allows an employeewithdraw his application for dismissal within two weeks from the date of its transfer to the head of the organization. In this case, the employee can do this at any time before the expiration of the specified period. If the employee decides to withdraw his application one day before his dismissal, the chief can not object to him. Nevertheless, the situation can be complicated by the fact that another person will be invited to the place of the latter who can not be denied employment. In this case, it will be impossible to withdraw the application for dismissal. Learn more about all this from this article.

How to compile

How to write an application for revocation of aThe dismissal, the sample of which is not provided for in the labor legislation? This question is asked by many employees who decided not to leave the 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 be of an official nature and be confirmed by his signature. For example, the withdrawal of the application for dismissal on your own can be done like this:

To the manager _________________ (name of the company)

__________________________________ (surname and initials of the head)

Employee _______________________ (please specify personal data)

position___________________

Statement

I request to withdraw my application for resignation at my own request from ____________ (indicate what date it was written) due to the fact that I decided to continue working in my position at the enterprise.

Number ______________

Employee's signature _______________

Subtleties

However, before you transfer to the departmentpersonnel application for the recall of the application for dismissal, a sample of which is not fixed in any regulatory act, it must be remembered that the head of the organization may not sign it. This happens in the event that another person was invited in writing to this vacant seat, who can not be refused employment in terms of the law. In other words, if a citizen was invited to the post in an organization in the order of transfer, and from his firm he has already resigned, then the head does not have the right not to hire him.

Here it is a question of the employer's duty to employ a new person for the vacant seat of a staff member after a two-week period has expired.

What else do you need to know

Many workers want to complete their laborrelationship with the head 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 leave with subsequent dismissal. The withdrawal of the application for the termination of the service relationship can be transferred by the employee to the manager only before the first day of leave. Because after leaving to rest such an opportunity the employee will no longer have.

According to the norms of TC

Most managers arewhen you can dismiss an employee who wrote a statement of his own free will. So, the subordinate is obliged to notify his superior about the intention to complete the service relations fourteen days before (unless another period is established by the norms of the law). This period of time begins to be calculated from the day after the chief or his secretary accepted the application from the employee.

How It Works

The legislator does not regulate in what formthe employee must inform the head that he does not intend to leave the company and wants to withdraw his application. Nevertheless, it is best to do this in writing. The application for the withdrawal of the application for dismissal, a sample of which is not in every organization, the employee can draw up independently.

After drawing up the document, it must be attributeddirectly to the boss himself or through a secretary. It is best to go to the office to the head personally and explain the situation. After all, it often happens that a person flared up and wrote a statement of resignation, and then changed his mind about leaving the company.

You can tell the manager about your desire to stay at work simply by sending a message to the organization's email. Only here there is no guarantee that the chief will read it.

Nuances

The main thing is to remember every employee,who decided to stay at his workplace, this is what you need to write before the expiration of a two-week period for withdrawing the application for dismissal. A sample of this document might look like this:

To the head _______________ (name of the company)

__________________________ (to whom, it is necessary to specify the data)

from the employee __________________

position__________________

Statement

Due to the fact that I have changed the circumstances, I withdraw the application for dismissal, submitted by me _____________ (write a number).

Reason: Part 4 of Article 80 of the LC.

Date ______________

Signature of subordinate ______________

What are the situations

The leader needs to be prepared for everything. Sometimes even you have to cancel the previously signed order. And this despite the fact that it was issued on the last day of the official activity of a person on the basis of his statement of dismissal at his own request. The employee has the right to submit the withdrawal of the document submitted earlier even on the final day of the 2-week period. Thus, he will be able to protect his rights as an employee.

But how to be a boss in the event that the orderabout the termination of labor relations with the employee has already been signed? On the basis of the withdrawal of the application for dismissal, the specialist of the personnel department prepares a new order for the cancellation of the previously issued one. Only in this way can a signed order be canceled. This is the order.

It should also be noted that no statementon the recall of the dismissal order, the sample of which is also not regulated by the norms of the law, it is not necessary to write to the employee. It will be superfluous. Because the employee has the right to submit a review only to his statement of resignation. And the leader can cancel the order only after the new order is issued and signed by him.

Additional Information

In the personnel department are obliged to warn the employee,that the withdrawal of the application for the dismissal of the employee can not be revoked. This means that if the latter again decided to finally sever the service relationship with the enterprise, then he will have to draw up a new document. In this case, the two-week period from the moment of notifying the chief about the forthcoming dismissal of the subordinate will be counted first.

Effects

They do not arise if the parties to the servicerelations strictly observed the current legislation. Nevertheless, sometimes it happens that the head of the organization has already managed to fire an employee who later withdrew his application. What can the boss do in this case? First of all, to restore a person in office, and then pay him the time of forced absenteeism. Otherwise, the head does not avoid litigation.

Characteristic

As already mentioned, many peopleinterested in the question of how to write a review of the application for dismissal. So, to make it very simple. It is possible to take in the personnel department a ready-made application blob (if it is, finally, is) and write according to the prepared sample. Or arrange the document yourself. Here the main thing is to indicate the data of the manager, the employee himself and describe his request, put the number and signature.

It is also worth remembering that the TC is notprovides, in what form should be submitted a withdrawal application for the departure of a subordinate. This means that the employee can inform the head even verbally about changing his decision.

If the subordinate is in good standing withmanagement of the organization, then he may be asked to remain in his workplace, even the director himself. In most cases, it does. And in order for the responsible subordinate not to leave his job, he is offered an increase to his salary.

On practice

If the boss firmly decided to get rid ofannoying subordinate, then he will certainly do it. Most often the head simply forces a person to write a statement of resignation. And even if the latter then withdraws the document submitted earlier, it is unlikely that he will be able to retain the workplace. Therefore, most of the dismissed employees, contrary to the law, are simply forced to seek assistance from the courts. Almost in all such processes, the victory is won only by a former subordinate. In this case, the head of the organization does not have anything else but to restore the person in his position and pay the funds for forced absenteeism.

What innovations were proposed

Not so long ago in the State Duma deputiesdiscussed the issue of providing additional guarantees to those citizens who decided to leave the enterprises at will. The essence of the innovation was to prohibit the head of the firm to invite a new subordinate to work until the person who decided to resign on his own initiative completely fails to work a two-week term and all official relations with him will not be completed officially.

Nevertheless, this project was never implementedin life. Although discussions on this issue lasted long enough, the deputies nevertheless came to the conclusion that they would leave the old rule of law. After all, the head of the outgoing employee needs to find a new, competent and responsible employee, and this takes time.