Application for withdrawal of resignation letter - sample 2020

Determining the last day for withdrawing a resignation letter

The Labor Code allows an employee to abandon his intention to resign by filing an appropriate application. The employer must be notified of his intention to continue working before the last working day. This legal provision means that an employee has the right to change his mind about resigning on the last working day and write a corresponding statement.

In such a situation, the employer does not have the right to terminate the contract and is obliged to keep the “fickle” employee in the service. There are practically no exceptions to this rule.

Let us analyze the algorithm for dismissing a specialist at his own request.

Any employee who decides to terminate a contract must notify the company 14 calendar days in advance. This period begins to run from the next day, counting from the date of drawing up the application (Article 80 of the Labor Code of the Russian Federation).

There are only two options for drawing up a document:

1. The employee writes: “I ask you to fire me effective July 1, 2020.”
2. The employee indicates: “I ask you to terminate the employment contract on July 1, 2019.”

In both cases, the date of termination of the employment contract is considered to be 07/01/2019, that is, the date of dismissal is considered to be the day directly named in the document. Other options, for example, “in three days”, “on Friday”, etc., are not allowed.

If the dismissal has already been formalized

The fact that the employer has documented the employment relationship does not prevent the withdrawal of a previously submitted resignation letter. You can contact your employer with a review at the very end of your last working day. The employer is forced:

• issue an order/instruction to cancel the order/instruction on dismissal;
• make an entry in the work book about the invalidity of the dismissal records.

Important: it is not possible to cancel a revocation application. If a person nevertheless decides to quit, he will have to apply for resignation again and, in the absence of an agreement with the employer, re-work the two-week or other period assigned to him.

How to withdraw a resignation letter

The employee’s right to terminate the contract is exercised by writing a corresponding application. Management considers the appeal, and after a two-week period, the employment contract with the employee is terminated.

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Let us highlight the key points of the procedure:

1. The reason for leaving does not need to be explained; the wording “of one’s own free will” is sufficient. The employer does not have the right to force the employee to justify his decision.
2. Revocation of dismissal is the right of the employee; this action also does not require additional explanation.
3. The decision to dismiss and the intention to continue working in the organization are formalized in the format of a handwritten statement.
4. There is no unified form for these documents. The only condition is that they must unambiguously express the employee’s intention (to quit or continue working in the company).

The law does not indicate how to withdraw a “dismissal” application. therefore, it can be sent to the employer in any suitable way:

• personally;
• through your representative (by notarized power of attorney);
• by registered mail (the day of submission will be considered the date indicated in the Russian Post stamp);
• by email sent to the official email address of the company (you need to send a scanned copy of the document written in your own hand, and not just type the text in email format).

How to correctly compose a written appeal to an employer to withdraw a resignation letter

A written review is an important and mandatory document confirming the fact that the employee has contacted the employer. Written on behalf of the person resigning to the employer. The document must be drawn up by the employee himself at random, but taking into account the general requirements for this type of statement.

It is possible, but not required, to indicate in the appeal the reason for the revocation, as well as make a reference to the basis (article of the Labor Code of the Russian Federation). The applicant has the right to seek help in drafting the text from an employee of the personnel department.

Procedure for withdrawing an application

To stop the process of terminating an employment contract, an employee needs to follow the following algorithm:

1. Inform management of your reluctance to terminate the contract. To do this, you need to write an application in which you should clearly state your intention to continue working in your current position with the current salary.
2. Make a copy of the document and take it to the secretariat or human resources department. Make sure that the paper is registered, ask the responsible employee to put the registration (incoming) number and date on your copy.
3. Submit the document to management for review. Regardless of whether the manager signed it or not, the dismissal must be canceled.

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How to write a resignation letter of your own free will

The withdrawal of your resignation letter was drawn up, the sample was chosen correctly, but the employee was still fired. What to do in such a situation? The citizen will have to immediately go to court with a claim for violation of his labor rights.

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After considering the case on its merits, the court will make a decision to reinstate the employee in his position and pay him the average monthly salary for the entire period of forced absence. However, you need to understand that if the employee is reinstated, the prospects for his further service in the company will be questionable.

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Let's sum it up

Labor law issues are quite sensitive and affect the interests of both sides of the relationship. Despite the fact that labor legislation broadly covers all levels of these relations, there are nuances in the interpretation of certain provisions of the Code. Therefore, the main thing in any situation, especially related to the dismissal of an employee, is the desire for dialogue, through which a compromise is reached that satisfies both the employee and the employer.

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This is important to know: Is the length of service interrupted upon dismissal?

When withdrawal of an application is not possible

The general rule is that an employer cannot prohibit an employee from continuing to work. But there is one exception to this. If a new competent employee has already been invited in writing (by way of transfer) to the vacated position, then it will not be possible to cancel the dismissal. In this case, the employment contract with the employee who decides to quit is terminated legally.

A different situation is possible. The dissatisfied employee wrote a letter of resignation of his own free will, but the administration, which already had a more loyal specialist in mind, offered him to resign without the obligatory two-week work period by agreement of the parties.

If consensus is reached, the employee signed an additional agreement to terminate the contract on the basis of clause 1 of Article 77 of the Labor Code of the Russian Federation, and a new employee is found in his place; the “unreliable personnel” will no longer be able to change his mind. In this case, the answer to the common question of whether it is possible to withdraw a resignation letter will be negative: the contract with the employee is terminated on the date specified in the additional agreement.

Answers to frequently asked questions

Question No. 1: When does an employer have the right to refuse an employee to withdraw his application for dismissal?

These are isolated cases, like:

• another person is hired to replace the dismissed employee, and the employer does not have the right to refuse him work according to the law;
• Instead of the dismissed person, they accepted another employee by transfer, whom the employer has no right to refuse (at the previous place of work, the employment agreement with him was already terminated);
• the employee is dismissed by agreement of the parties (in this case, withdrawal of the application is not provided for by law).

Moreover, in some situations, it is possible to reinstate a fired person.
For example, if another employee hired to replace someone dismissed through transfer does not have the necessary educational document (that is, he does not meet the requirements for the position). Rate the quality of the article. Your opinion is important to us:

Sample of drafting a revocation of an application for dismissal at one's own request

Have you changed your mind about quitting? It is enough to notify management about this in writing, and the process will be stopped. An example of document preparation is presented below.

To the Director of Fakel LLC

from the chief specialist

HR Department

Smirnova Olga Olegovna

Statement

Due to changed personal circumstances, I am withdrawing my previously submitted resignation letter of my own free will, drawn up on June 10, 2019. Please consider it invalid.

06/24/2019 signature of O. O. Smirnov

Received 06/24/2019

Head of the Department signature G. K. Gavrilov

Download a sample withdrawal letter of resignation at your own request

What is the best way to apply to withdraw your resignation?

The news that an employee has changed his mind about quitting does not always please the employer. Often, a resignation letter is written under pressure from the administration. Sometimes, based on a verbal order from the manager, the HR department simply does not accept the employee’s feedback. The conflict becomes even more aggravated if the desire to revoke the dismissal arose on the last day of work.

In order to avoid subsequent denial by the employer of the fact of receiving the application for revocation of the dismissal notice, the interested person should obtain indisputable evidence of its timely submission. To do this, use one of the following methods.

1. Draw up an application for revocation in two original copies or make a copy of the original application.
2. Request the employer's office to affix your copy (or copy) of the application for revocation of the registration mark. The secretary puts the corner stamp of the organization in the corner of the document and signs for receipt
   a document indicating: own full name and position;
3. dates of receipt;
4. registration numbers in incoming correspondence.
5. Send an application for revocation of your dismissal letter by a valuable letter from any post office. A feature of this type of mail is that the attached documents are accompanied by an inventory. The inventory is drawn up in two copies, one of which is placed in an envelope, and the second remains in the hands of the sender.

The inventory should clearly indicate the type and content of the document, for example: “application for withdrawal of the application for voluntary resignation dated _(date).” The envelope is handed over to the postal employee unsealed. After checking the attached documents, the postal employee certifies both copies of the inventory. Thus, the employee receives confirmation that he sent exactly the application for revocation of the dismissal letter, and not a postcard, advertisement or blank sheet.

What matters is the moment the application is submitted to the post office, and not the moment it is received by the employer.

How to write a review upon dismissal by agreement of the parties

If an employee who has decided to resign by agreement of the parties changes his mind in order to remain at work, he will have to act in the following sequence:

1. Make sure that withdrawal of the resignation letter is possible. If the employer did not have time to find a replacement and sign an agreement with the new employee, you need to notify him of your intention not to terminate the employment contract. The day of submission of the “refusal” document is considered to be the date of registration of the document in the office (HR department) or the date according to the calendar stamp on the letter (if the paper was sent by mail).
2. Compose your application and review correctly. It must clearly state the intention to continue working in the company. A reference to the registration number and date of the previously submitted resignation letter is required. The reason for refusing to resign may not be specified by agreement of the parties.
3. Submit a review in accordance with the document flow rules in force at the enterprise. If the employer is interested in continuing cooperation, a simple telephone call or verbal agreement is enough to refuse dismissal. However, if there is a suspicion that your intention to continue working will be met with hostility, you need to document your every step.
4. Wait for the employer's response. It will be negative only if an employee transferred from another organization is hired to fill the vacant position. In other cases, you will be able to continue working.

How to do this correctly?

The Labor Code of the Russian Federation does not establish in what specific form the withdrawal of an application for dismissal should be carried out. However, simply revoking and destroying such a document, registered in the prescribed manner, will also not work, because it has already been given a move.

As a result, you can officially withdraw your application for dismissal using the following legal methods (clause 2 of Art.

434 Civil Code of the Russian Federation):

• By writing a new application addressed to your employer.
• When contacting the local Russian Post office in person - when sending a registered letter with the appropriate notification to a specific postal address of the organization (enterprise). In such a situation, the date of filing the application for revocation is the day of its dispatch indicated in the postal receipt.
• Via telegraph - in case of sending a telegram certified by a telecom operator.
• By email - when sending a letter from an employee’s work mailbox.
• Orally. In such a situation, the employer takes testimony from the resigning person’s colleagues or listens to audio or video recordings.

In such a situation, you should do this - make a separate note about the revocation on the application itself or draw up a new similar document.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If the dismissal order has not yet been issued, no further action needs to be taken. The employee will simply continue working.

If, after filing an application for recall, the employee again wants to leave his current job, then in such a situation he will have to fill out all the necessary documents again. In addition, in this case, the period for notifying the head of the company (enterprise) about this will be counted anew.

Write a new document for review

1. registration number and date of the document;
2. information about the addressee - position and full name. head of the organization (company);
3. information about the applicant - full name. and employee position;
4. the text of the document, set out in the following wording - “Based on Article 80 of the Labor Code of the Russian Federation, I ask you to withdraw my application for resignation at my own request dated dd.mm.yyyy and not terminate my employment contract dated dd.mm.yyyy No. (agreement)”;
5. document date;
6. personal signature of the applicant;
7. signature of the person responsible for signing the document.

• applications for cancellation of resignation letter
• applications for cancellation of resignation letter

If the head of the organization refuses to endorse the application for revocation, the employee can officially register this document with the secretariat indicating the current date and a specific entry number.

Also in this situation, you must make a photocopy of such a notice and keep it for yourself. As a result, a copy of the application will serve as significant evidence in favor of the employee in the event of various labor disputes with the employer.

Review on already written paper

Another legal way to cancel a resignation letter is to revoke the document itself. Then a separate o is placed here indicating the relevant details of the registered application for revocation. Then the HR department employee puts the date of the new entry in this document and indicates his current position.

However, even in this case, the employee must make a photocopy of his recall application. Moreover, the copy must also be certified with the personal signature of the personnel officer.

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Actions of the employer upon receipt of an application for recall

If a new specialist has not yet been hired to replace the person leaving, and the order to terminate the employment contract has not been issued, the employer only needs to register the withdrawal of the resignation letter at his own request and provide it with a resolution suitable for the case. In cases where the personnel officer has already issued an order to terminate the employment contract, the document is canceled. For this purpose, a new order of appropriate content is issued.

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The same applies to the dismissal entry in the work book: the next number marks the invalidity of the previous entry. Approximate wording: “The entry numbered... from... shall be considered invalid.”

Is it possible to withdraw an application without consequences?

Neither federal legislation nor the provisions and decisions of the Supreme Court of the Russian Federation define any norms within the framework of which unfavorable legal consequences for the employee or employer arise for a review.

At the same time, paragraph 22 of the RF Armed Forces Decree dated March 17, 2004 No. 2 contains the following norms and definitions regarding the practice of applying labor standards in the field:

• the employee, if desired, can withdraw his resignation letter, but only before the date when the corresponding order is issued;
• an employee going on vacation with subsequent dismissal may withdraw his application before the actual start of the vacation;
• it is legal to refuse to renew an employment contract when a resignation letter is withdrawn if a new employee has been invited to replace the resigning employee, whom, according to the norms of current legislation, the employer will not be able to refuse without violating the current legislation;
• if none of the parties to these legal relations insists on dismissal, and the employee carries out his work activities as before, then the contract continues.

The Supreme Court of the Russian Federation ruled on the legality of filing a response to a resignation letter of one's own free will until the date on which an employee of the organization must resign and receive final payment. Within the framework of the provisions of Art. 77 of the Labor Code of the Russian Federation, the basis for dismissal of an employee is his written application for voluntary resignation, while the procedure and features of termination of labor relations between an employee and an organization on the initiative of a company employee are regulated by Art. 80 Labor Code of the Russian Federation. This article establishes a mandatory notice period for management before dismissal, which is at least two weeks. It is possible to dismiss an employee ahead of schedule or leave without working the remaining fourteen days only with the agreement of the parties and the signing of the appropriate document.

There are no clear and finally formed specifics of the consequences of withdrawing an application to leave the place of work in labor legislation.

The following circumstances may contribute to adverse consequences for a resigning employee:

• the employment contract will be terminated despite the revocation if a new employee was hired to fill the position of the person leaving;
• an employee of the organization submitted a letter of resignation while on vacation, so his work cannot be restored;
• the review was formed incorrectly or late - after the management actually signed the documents on the dismissal of the organization’s employee.

The Supreme Court also determined that an employee has the right to send feedback not only when personally delivering a document, but also by fax or mail at his own request.

Deadlines for withdrawing an application for non-standard cases

The law states that you can withdraw your resignation at your own request before the actual date of termination of the contract. In situations where an employee decides to go on another vacation with subsequent dismissal, he can change his mind only before the start date of the vacation. Once the labor holiday has occurred, it will no longer be possible to cancel the dismissal.

The period during which dismissal can be reversed depends on the period within which the employee is required to notify the company of the termination of the employment relationship. In general, it is 14 days (Part 1 of Article 80 of the Labor Code of the Russian Federation). For some employees, the working period is determined by local regulations, as well as nuances specified in the employment contract.

In order not to face the unpleasant consequences of a decision to terminate a contract, the employee should carefully study these documents. The person resigning needs to find out whether he belongs to the category of “special” employees who are obliged to notify the employer of his dismissal within a time frame other than that provided for by law.

If the answer is yes, the application withdrawal period will also change:

• for employees on a probationary period – reduced to 3 working days;
• for company managers – will increase to 1 month;
• for “seasonal travelers” – the same 3 days;
• for personnel working for an individual entrepreneur - determined by the provisions of the employment contract.

Exact terms: within what time can you change your mind about quitting?

If an employee changes his mind about resigning, he has the right to notify his head of the enterprise (company) about this before the end of the day of dismissal, that is, before midnight (see the definition of the RF Armed Forces No. 78-KG12-10 of August 10, 2012). However, for certain categories of workers, the Labor Code of the Russian Federation establishes different deadlines for such notification.

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• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
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Thus, 3 days before dismissal, the following persons must notify the relevant head of the enterprise (company) about this:

• those with whom an employment contract or fixed-term contract has been issued (Article 79 of the Labor Code of the Russian Federation);
• those who are on probation (part 4 of article 71 of the Labor Code of the Russian Federation);
• seasonal workers (Part 4 of Article 79 of the Labor Code of the Russian Federation).

The following persons must notify their management 1 month before leaving their current job:

Also, withdrawal of a resignation letter is possible within the period established in such an official document. However, this is possible in the following situations (Article 80 of the Labor Code of the Russian Federation):

• after the employee is enrolled in a university (college school);
• upon reaching retirement age;
• in case of execution of an agreement between the parties;
• when leaving work due to non-compliance by the head of the organization with certain articles of the Labor Code of the Russian Federation.

What to do if you change your mind about quitting

Have you decided not to tempt fate and stay in the team? Do not hesitate, urgently write an application to withdraw your resignation letter. Only after it is properly registered will you breathe freely: now you are under the reliable protection of Article 80 of the Labor Code of the Russian Federation.

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There is no point in postponing an unpleasant event until the last day: while you are considering whether to stay in the company or not, management is actively looking for an alternative to the person leaving. This especially applies to conscientious and efficient specialists who performed various duties, since it is very difficult to find replacements for them.

It is quite possible that a new employee has already been agreed upon to take your place. If you have signed a transfer agreement with him from your previous employer, you will no longer be able to cancel your dismissal.

Revocation procedure

It is permissible to withdraw your own application in any form, since this issue is not regulated by law. There are no explanations with examples of document preparation. There are a lot of ways: application, call, telegram, message to corporate email. The main task of the employee is to ensure that the message is received and its unambiguous interpretation. Proof of reading would also be helpful in case of a legal dispute. A sample document can be viewed below.

It must include: to whom and from whom the document is addressed, its name, a clearly formulated request, the date of writing and a personal signature.

The court takes the side of the employee who has expressed his refusal to dismiss verbally in front of witnesses. If the employer nevertheless terminates his employment, the court will restore the employee’s rights and oblige him to pay for the forced downtime.

In case of difficult relations with the management of the company, when there is a possibility of refusal to register the appeal, it is recommended to send the review by mail or courier. All incoming items are registered, the employee will have an inventory and a receipt for dispatch (the date of delivery is considered the day the letter was received at the post office).

additional information

The HR specialist is obliged to notify the employee that the withdrawal of the resignation letter does not have retroactive effect. If the employee changes his mind again and decides to leave the company, he will have to write a new resignation letter. Consequently, the 14-day period will be counted from the date of drawing up the new document, and the “runner” will have to work for another 2 weeks.

A different procedure applies in situations where an employee who quits by agreement of the parties has changed his mind about leaving. This situation applies to contractual, not labor relations. In other words, if an application has been drawn up to withdraw the application to terminate the contract by agreement of the parties, the employer has the right to ignore it. Now the decision about whether an employee will remain in the company or be fired depends only on the desire of management.

What does the Law say?

Issues of employment/dismissal are regulated by the norms of the Labor Code of the Russian Federation.

According to Article 80 of the Labor Code of the Russian Federation, after submitting an application for dismissal of his own free will, the employee has fourteen days (work) during which he can change his mind and withdraw his decision. However, there are circumstances that may prevent the withdrawal of a resignation letter. Read about them in the following sections.

Sample resignation letter.doc

An employee who resigns of his own free will is entitled to the following rights:

• The right to voluntary termination of labor cooperation . In this case, the boss must be notified of the employee’s decision no less than fourteen days before the expected date of completion of work in this organization;

If the employee notifies the employer within a shorter period of time, the latter has the right not to sign the application.

• After signing the resignation letter, the employee must work for the required two weeks;

A citizen can also quit without working, but there must be fairly compelling reasons for this: retirement, mutual agreement to quit with the boss, relocation, violation of labor rights by management, etc.

• On the last day of work in the organization, the employee has the right to receive all payments due to him : wage balances worked at the moment, severance pay, unused vacation days;
• During the working period, the employee may change his mind about quitting. In this case, he will have to submit a second application to withdraw the application for dismissal;

However, circumstances may arise that prevent the resignation from being withdrawn. Read about them in the following sections.

Procedure for submitting a review

If the employee comes to his senses in time and withdraws his application before the dismissal order is issued and the corresponding entry is made in the work book, the HR department employee must:

1. Accept the document and register it properly.
2. Put it on your resignation letter and have it endorsed by your manager.

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If all procedural issues have already been resolved, in addition to points 1 and 2, the personnel officer still has to:

1. Cancel the order to terminate the employment contract by issuing a new order.
2. Cancel entries in the employee’s work book and personal file.

All records must be reviewed by the employee against signature.

Accounting will have to recalculate the amount of compensation for unused vacation and withhold the overpayment from the employee’s regular salary, taking into account the restrictions provided by law.

Now you know whether you can withdraw your resignation letter. You should always have a sample of such a document at hand: after all, even a firm decision to terminate an employment contract can be revised due to changed circumstances. If you withdraw your resignation letter in a timely manner and follow the procedural nuances, you will continue to work for the company under the same conditions.

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Time limits within which an application can be withdrawn

So, in order to notify the employer of his decision to continue working, the employee is given a certain period of time, depending on the current situation:

• If a citizen resigns according to the standard scheme, that is, sends a corresponding application to the employer 2 weeks before the end of cooperation, then he is entitled to a full 14 days to provide a revocation of the document. The first day is the day following the day of sending the application for termination of the employment agreement, the last day of receiving the review is the last working day in the organization. It is impossible to change your decision on the day of dismissal;
• If an employee goes on vacation before leaving the organization, the opportunity to withdraw the application to terminate the employment relationship is provided until the last working day before going on vacation.

Despite these requirements put forward by the legislator, the period for providing a revocation of a dismissal document can vary significantly, depending on the employee’s position and the type of work performed.

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