Today, we will be presented with a sample application for withdrawal of a letter of resignation. Not every employee is familiar with this paper. However, you must remember about it. It is possible that a person who decides to leave work will change his mind. And then the documentation mentioned comes in handy. Below we will consider the features of termination of employment, and also talk about how to withdraw a request for leaving the company. Is it even possible to do this? Or can the application be canceled no longer?
Methods of dismissal
To begin with, it is worth exploring methods of terminating labor relations. After all, this is a rather important nuance.
You can terminate the employment relationship:
- by showing initiative on the part of the employee;
- at the request of the employer;
- by agreement of the parties;
- while reducing staff;
- during the liquidation of the enterprise.
The least problematic scenario is self-care. However, not everyone knows how to bring an idea to life. And is it possible to cancel this kind of decision.
Labor law
What does the Labor Code say? We will review the withdrawal of the letter of resignation later. First of all, let's talk about the procedure for terminating relations between the employer and the subordinate on the initiative of the latter.
Article 80 of the Labor Code of the Russian Federation allows citizens to quit their jobs at any time of their own free will. There is no need to explain to the employer. Retain subordinate is also prohibited.
That is, it is possible to terminate labor relations unilaterally. To do this, you will have to submit a letter of resignation. But how to leave the company?
Step by step dismissal
How to withdraw a letter of resignation? We will find the answer to this question later. Before this, it is worth considering the usual termination of employment.
The step-by-step procedure looks like this:
- Make a request for dismissal.
- Submit an application to the employer.
- Wait a while.
- Read the dismissal order and sign it.
- Get a calculation.
- Pick up the documents required for the employee.
That's all. After these actions, the employer files the personal file of the subordinate, and then sends it to the archive for further storage. There is nothing difficult or incomprehensible in this.
Warning period
Revoking a letter of resignation after dismissal is an almost impossible operation. Only in exceptional cases can a citizen restore his former place.
According to the Labor Code of the Russian Federation, a subordinate must warn the employer in advance of his intentions to leave the company. This must be done 2 weeks before the idea is put into practice. In exceptional cases - for 1 or 3 days.
After a person has filed a request for termination of a labor-type relationship, mining begins. It lasts 14 days. After it, the citizen will be carried out the due calculations. In some cases, you can do without working out. For example, when dismissing by agreement of the parties or going on vacation / sick leave.
Right to a change of decision
Is it possible to compose and submit a competent sample application for withdrawal of a letter of resignation? That is, change your mind after submitting a request to terminate relations with the employer?
Under current law, yes. Only this is given a certain time. And in real life, recall of applications for dismissal is extremely rare. However, the subordinate has such a right. How to use it will be described below.
Review period
A huge role in the process is played by the deadlines for withdrawing a letter of resignation. Until there is a signed order, a person cannot be considered as having left work. And filing a request in the established form also does not serve as proof of a true decision to leave the workplace. A person, as we have said, has the right to change his mind.
A citizen can withdraw a statement on termination of employment on any working day. But there are exceptions. Not always the request of the subordinate will be accepted and considered by the employer.
In any case, when preparing in advance for leaving work before the date of termination of the relationship, you can use the right to withdraw the application. It is not difficult to do this. But what exactly is to be done? And what difficulties can workers face?
Review bans
As we have already said, it is far from always that a subordinate has the opportunity to bring his idea to life. Under certain circumstances, you have to quit. And there can be no talk of any recall of the request.
Events of this kind in real life are rare. The point is that a ban on the withdrawal of applications for leaving work takes place if:
- The employer has already found a new employee in the place of the dismissed and concluded an agreement with him.
- The person who was decided to take the place of the actually dismissed employee is the one who cannot be denied employment (pregnant, a person who left work less than 1 month ago and so on).
- Before the vacation, in which the citizen wanted to leave work.
As was emphasized earlier, these are quite rare handouts. And usually, if a person changes his mind to quit, he just needs to notify the employer before ordering the termination of the relationship.
Everything is prepared for leaving
What should I do if a potential dismissed person decided to change his mind, but all the relevant records have already been made in the documents, and there is also an order for dismissal?
In such circumstances, the cancellation of a previously submitted request still has a place to be. But this is a rather troublesome job for the employer.
The thing is that in this case it will be required:
- Issue an order annulling the dismissal order.
- Amend the workbook of the established form.
- If a settlement has been made with a person, issue an order for the deduction of funds issued as compensation for dismissal.
But for the employee, the operation does not entail any problems. Therefore, all that is required of him is to notify the employer of his new decision.
Labor law and recall
There is another pretty important point that you have to pay attention to. A sample application for withdrawal of a letter of resignation will be presented later. Before getting to know him, you need to find out as much as possible about the procedure being studied.
The legislation of the Russian Federation allows the withdrawal of a request for termination of relations with the employer, but at the same time, there are no special instructions on this issue in the country's TC. The only thing written here is that to cancel the application, the employee must notify the employer of the decision. And how exactly - it doesn’t matter anymore.
Accordingly, due to a similar item, a person may experience certain problems. For example, it will be problematic or impossible to prove that the employee informed the authorities about the decision to remain in the company.
Notification Methods
How to withdraw a letter of resignation? We have already found out that there is no exact answer to this question. The main thing is to notify the authorities of the decision.
You can do this:
For example, the following scenarios are possible:
- oral conversation with the employer;
- sending a regular application with reviews on dismissal;
- notification by correspondence in social networks, e-mail or other instant messengers;
- sending a registered letter with receipt of receipt.
If a person decides on the first method, he is recommended:
- Make videos and audio recordings. This will help prove the fact of notification.
- Perform all actions in the presence of witnesses.
However, it is better not to use the oral notification form. Next, we will consider how to correctly compose a request-review for dismissal and submit it to the employer.
Paper content
What contains a competent sample application for withdrawal of a letter of resignation? The labor legislation of the Russian Federation does not provide clear instructions on this matter.
However, it is best to write in paper:
- Name of the dismissed person;
- request to cancel the request for dismissal;
- filing date;
- information about the employer;
- contact information of the employee.
That is, nothing special or incomprehensible. Sometimes a review includes only a few suggestions. This is a normal occurrence. Even such a decision must be taken into account by the employer.
Attention: there is no need to justify your decision. If the employer requires a subordinate of this, you can refer to the Labor Code of the Russian Federation. It states that a person can simply change his mind about quitting.
Structure
The application form for the withdrawal of the application for dismissal is not so difficult to draw up. The thing is that this document does not have an exact form. Therefore, it is compiled in a free form.
For the convenience of perception of the information presented, it is recommended to follow certain rules. It is about conducting business correspondence.
A sample request-review should ideally have the following structure:
- hat;
- name;
- main part with a request;
- conclusion signed by a citizen.
There is nothing incomprehensible or difficult in this. In fact, everything is simpler than it seems initially. Especially if you worry in advance about the evidence of notification to the authorities.
Writing and submitting a request
Withdrawal of the letter of resignation by agreement of the parties is approximately the same as in the case of unauthorized resignation of a particular employee. The difference lies in the need to draw up a separate agreement to cancel the previously drawn up order.
To file a ready refusal to quit, you must:
- Contact your employer.
- To familiarize the authorities with the document.
- Wait for the signature of the application.
This, as we have said, is not the best solution. After all, the request may not be signed or "lost." Then the person can actually be fired. Of course, if the dismissed person does not prove otherwise.
In order not to have any problems, it is recommended that the applicant send a registered letter with notification of receipt in the name of his superior. Then the process will be as safe as possible.
Registered letters
How to quit after withdrawing a letter of resignation? More about this later. First, we will fully understand the submission of requests in the established form.
The safest solution is to send the application to the employer by registered mail with notification of receipt. In this case, the document will certainly reach the recipient. In return, the sender will acquire proof - a notification of the established form. It will come in handy if the authorities decide to break the rules for dismissing subordinates.
It is recommended that you send a registered letter in two copies - to yourself and the employer. This can be done at any post office. And it is advisable not to hesitate with this operation. Otherwise, the dismissal will occur faster than the employer will be informed of the change of decision.
Recovery after dismissal
Sometimes it is possible to recover in office after the release of the order to terminate the relationship of the labor type. But when?
Firstly, if the parties mutually agree on this and conclude an agreement of the established form. This is an extremely rare situation.
Secondly, in a judicial proceeding. For example, if an employee notified the employer of his intention to remain in the company, but the termination of the employment relationship still took place. Then you have to prove your position.
In addition, a person can again contact the employer and re-find a job. In reality, such situations do occur. But, as a rule, before this, people work, try themselves in other companies.
Care after recall
We reviewed a sample of writing a letter of resignation. There is nothing special about this paper.
What to do if, after the next change of decision, the subordinate still decided to leave the enterprise? How to quit after withdrawing a letter of resignation?
To do this, you have to act on the previously proposed algorithm. That is, re-submit the request in the established form. Cancel the review will not work. So, the whole operation will begin from the very beginning. Revocation of the application with subsequent dismissal is not allowed by current legislation.
Finally
We found out all the features of a recall on dismissal. As you can already see, this operation sometimes brings a lot of trouble.
Withdrawal of the application with subsequent dismissal is not possible. And therefore, it is recommended to think carefully before taking a final attitude about further cooperation with the company. Canceling your decision is not so easy!