If the employee decided not to quit the day of dismissal, and the order already issued, issue another decree "On the abolition of order from____ №__". The day of the dismissal of an employee is considered a work day, and he is entitled to write a written waiver from dismissal. This will be the documentary basis for cancellation.
Standardized format similar to order 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 record of dismissal).
The same procedure should be performed in the case that the employee was ill on the day of dismissal and notified the employer that he was given sick leave. The order of dismissal abolished mandatory if the grounds for the dismissal – the employer's initiative.
If the initiative came from the employee (resignation), he has the right to decide whether to resign him or not.
If the employee is reinstated, the cancellation of the order on the dismissal of the first step of the employer. The order must be issued immediately after the decision of the court (not later than the next day).
The employee is restored to its former position with the same pay and benefits due to him. At the same time needs to be changed in the work book of an employee and his personal business.
What problems can occur when you cancel the order on dismissal of an employee restored? 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 the order to revoke the dismissal should issue an order On making changes in staffing".