Is it possible to withdraw a resignation letter at your own request?

Withdrawing a resignation letter at your own request: 4 simple ways

The procedure for terminating an employment contract at the initiative of an employee is regulated by Art. 80 Labor Code of the Russian Federation. An employee can resign at any time by submitting an application 2 weeks before the date of dismissal (as a general rule). This period can be more than 2 weeks, but cannot be shorter.

There are situations when a worker changes his mind about quitting. In this case, it is necessary to notify management that the employee wishes to continue working. Notification is carried out by withdrawing the application (Part 4 of Article 80 of the Labor Code of the Russian Federation).

Important! You can withdraw your application only within the period for warning the employer about future dismissal (as already mentioned, as a general rule, it is 2 weeks).

There are several ways to withdraw your application:

1. Submit directly to the employer or another person (for example, an employee of the human resources department) a written statement about the withdrawal of the application for dismissal.
2. Send a written document about the withdrawal of the application by mail. The first option is preferable, since during the delivery of the postal item, the period for warning the employer may expire, and the employee will already be fired.
3. Notify management orally. This method is not very reliable, since it will be difficult for the person being fired to prove that he has changed his mind about quitting, which he informed his superiors about (if the employer denies this).
4. Cancel the application (more about this below).

Important! The legislator has provided for the only case when an application cannot be withdrawn. It cannot be revoked when another employee is invited to take the place of the resigning employee, who cannot be denied employment by force of law (for example, for someone who is employed by way of transfer).

In what cases it is impossible to withdraw an application

Situations when you cannot pick up a notice of resignation within a 14-day period:

• If another employee has already been appointed to replace the person leaving, and the invitation to the new specialist is addressed in writing. This also includes cases when a new employee enters the workplace as a transfer from another institution or an employment contract has already been concluded with him.
• If the dismissal by mutual consent took place before the expiration of this period.

ATTENTION! In other cases, the employee has the right to appeal in court the management’s refusal to cancel the termination of the contract.

How to cancel a resignation letter, and is there such a possibility?

The Labor Code of the Russian Federation does not contain the concept of “cancellation of an application.” Cancellation involves destruction, that is, the physical destruction of a document written and handed over to the employer. Of course, if the employee and the employer have a good relationship, then the latter can simply tear up the statement written by the worker, thereby freeing the employee from the need to write a statement about his recall.

Thus, if the employer does not mind, you can ask him to “forget” that the application for dismissal was submitted and continue to work.

Important! According to Part 6 of Art. 80 of the Labor Code of the Russian Federation, if an employee, after the expiration of the employer’s notice of dismissal, continues to work and does not insist on being fired, and the employer does not issue an order to terminate the employment relationship, the employment contract does not terminate.

How should you proceed to refuse dismissal?

Very often, individuals submit reviews after the accounting department has calculated the last salary and prepared all the documentation for the employee to leave the company. Reckless actions can become a big problem if a person decides to withdraw an application. Withdrawal of an application at one's own request may have several possible outcomes:

• the company management will interrupt the dismissal procedure;
• the director will continue the dismissal procedure at the employee’s own request.

The review can be accepted if the manager is interested in the further continuation of the specialist’s work at the enterprise. Otherwise, it will be impossible to revoke actions.

A specialist can take back the papers and resignation letter at his own request and achieve a return to the workplace through legal proceedings. At the same time, it will be very difficult for the employer to withdraw the court. The revocation will be put into effect if the director fails to prove the employee’s incompetence in court, and this will require a lot of evidence and documents.

Employer's procedure

If the termination of the employment relationship has not yet been formalized, then no difficulties arise with the documents: you just need to put it on the resignation letter and attach it to your personal file. However, more labor-intensive work remains in the case when everything has already been formalized. In this case, the employer must take the following steps:

1. Cancellation of the dismissal order. To do this, you also need to issue an appropriate order. The law does not establish a unified form for this document, so you can focus on the one that is used in your organization. The form must indicate information that the order was canceled due to the withdrawal of the application, as well as specify the details of notifying the employee about the change in his decision. You should also list the positions of those responsible for making changes to personnel documentation, recalculating amounts, etc.
2. Cancellation of an entry in the work book. You cannot simply cross out a notice of dismissal. The next entry after it in the work record must be formatted as follows: “Entry No. is invalid.” And as the basis for making an entry, indicate the order to cancel the dismissal order (clause 30 of the Rules approved by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, clause 1.2 of the Instructions approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
3. Making corrections to the employee’s personal card. In the section “Grounds for termination of an employment contract”, the record of dismissal must be crossed out with one line and marked o, as well as the signature of the employee who made this correction (Instructions for filling out a personal card, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). In the “Additional information” section, it is necessary to indicate that the dismissal was canceled based on the employee’s application and order to cancel the dismissal.
4. Recalculation of payments. In accordance with Articles 140 and 178 of the Labor Code of the Russian Federation, on the last working day the employee is paid:

• wages for hours worked;
• compensation for missed vacation;
• bonuses and additional payments, severance pay provided for by the company’s internal regulations.

There is no need to recalculate wages, however, payment for unpaid vacation will become an overpaid amount, since the person will continue to work and the right to annual paid rest will remain. The same rule applies to severance pay with additional payments, if provided for by a collective or employment agreement.

These amounts must be counted against the next salary, and accrued personal income tax and insurance contributions must be counted against the subsequent payment of taxes and contributions. But such an offset can be carried out only after obtaining the employee’s consent (Article 137 of the Labor Code of the Russian Federation, letter of Rostrud dated 08/09/2007 No. 3044-6-0).

Statement

Order

Legal documents

• Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)
• Article 71 of the Labor Code of the Russian Federation. Result of the pre-employment test
• Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization
• Article 348.12 of the Labor Code of the Russian Federation. Features of termination of an employment contract with an athlete or coach
• Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)
• Article 64 of the Labor Code of the Russian Federation. Guarantees when concluding an employment contract
• Decree of the Government of the Russian Federation of April 16, 2003 N 225
• Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69
• Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1
• Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal
• Article 178 of the Labor Code of the Russian Federation. Severance pay. Payment of average monthly earnings for the period of employment or one-time compensation
• Article 137 of the Labor Code of the Russian Federation. Limitation of deductions from wages

Application for withdrawal of consent to the processing of personal data

IN _______________________________________

(Bank's name)

From _____________________________________,

Address___________________________________

_____________________________________

Between ____________ (full name of the borrower) and ________(name of the bank) ____________ (date of conclusion) a loan agreement No.___________ was concluded,

When concluding a loan agreement, I, as a subject of personal data, gave you, as the Personal Data Operator, consent to process my personal data.

According to Federal Law of the Russian Federation N 152-FZ “On Personal Data”, the processing of personal data by the Operator means, inter alia, the use and clarification of data.

Article 9, paragraph 2 of the said Federal Law gives me the right to revoke from you and organizations associated with you the right previously granted by me to process personal data. This revocation of the right to use personal data concerns: 1) My personal mobile and home phone numbers,

2) All contact telephone numbers and data of third parties indicated by me in the loan documentation, 3) Residence addresses of my relatives,

4)Addresses and names of my employer,

Please note that revoking the right to use my personal data in a separate part does not violate your rights or the rights of third parties, since the bank can contact me through postal services and e-mail. In addition, the Bank and its representatives are not authorized by Russian legislation to carry out any investigative activities that would require recalled data. I propose to carry out pre-trial settlement of overdue debts by postal services.

If the Bank has claims against me, then you can resolve them in court. Thus, the need for the Bank to use the specified personal data has now disappeared. I draw the Bank’s attention to the fact that when concluding the loan agreement, I did not give permission for the transfer of my personal data and their use by third parties (collectors).

I note that when concluding the agreement, my relatives and other contact persons did not give the Bank the right to use their personal data. In this connection, any calls or appeals to these persons are unlawful and will entail their independent appeal to Roskomnadzor of the Russian Federation.

At the same time, I remind and declare to the Bank and its associated organizations that I did not give your representatives the right to visit me at home, visit my relatives or visit my employer, just as I did not give the right to distribute information containing bank secrecy and personal data to third parties. I prohibit the Bank and organizations associated with you from distributing and publishing information about my debt in any way, except for providing information to the BKI.

Guided by the norms of the Federal Law of the Russian Federation No. 152-FZ “On Personal Data”:

ASK:

1. From the moment of receipt of this Application, I ask you to stop processing my personal data in the specified part.

2. Notify me of the results of consideration of this application in writing within 10 days from the date of its receipt. Please send your response to the application by mail to the address indicated above.

I inform you that if I or my contact persons receive phone calls or SMS messages, I will regard these actions as arbitrariness and a violation of my privacy.

If the Bank unlawfully transferred my personal data to a third party, I require you to independently notify this organization about the revocation of personal data and possible legal consequences associated with violation of the Federal legislation of the Russian Federation

“About personal data.” If I do not receive a response to this appeal, I will file complaints: with the Prosecutor's Office of the Russian Federation, with Roskomnadzor of the Russian Federation, with the Court, with the Central Bank of the Russian Federation.

___________(full name of the borrower)

Statement of claim to challenge dismissal

In your claim you must describe

• that psychological pressure was exerted on you,
• you were threatened with harm,
• or the fact that you did not write the application yourself, the handwriting is not yours, nor is the signature.
• In the requirements, write that you are asking for the dismissal to be declared illegal and reinstated at work ; you can also declare the recovery of money for forced absence.
• In the appendix to the claim, indicate your work book and employment contract.

You are fired - with a refund

So, the citizen decided to change his job. He held the position of head of department in a certain company. As required by law, I wrote a statement “on my own” ahead of time - on December 20, and asked to be released from work immediately after the holidays - from January 16.

Court documents are silent about what changed in his plans, but a day before his last working date, the boss changed his mind about quitting. On January 15, he wrote a statement that he was withdrawing his request for dismissal and would remain at his job. But the company's management stubbornly refused. It said something like this: “well, no, she died that way,” and did not respond to the withdrawal of the application, since another person had already been invited to fill the potentially free place.

The former boss decided that he had been treated illegally and went to court, where he demanded that he be reinstated to his previous job. And pay wages for the period of forced absence and plus compensation for moral damage. First the district and then the city courts rejected the claim. And then the citizen reached the Supreme Court.

The Supreme Court completely agreed with the plaintiff's opinion and reviewed the case in his favor. And the logic of the highest court of the country was as follows.

Let us remind you that the citizen asked to fire him on January 16th. And on January 15, he wrote that he had changed his mind and was withdrawing his resignation letter. The company sent an official refusal, since a candidate had already been found to take his place. Both local courts, refusing the plaintiff, reasoned as follows. The employer received an application to revoke the “dismissal” notice after the termination of the employment relationship. This means that the recall “no longer gives rise to legal consequences in the form of continuation of the employment relationship.”

No, that's not true, the Supreme Court said. And he recalled Article 77 of the Labor Code of the Russian Federation, which states that the basis for termination of an employment contract is the termination of this very contract at the initiative of the employee. The procedure and conditions for terminating an employment contract at the initiative of an employee are prescribed in Article 80 of the Labor Code. It says, in particular, that a person has the right to terminate the contract by notifying his employer in writing no later than two weeks in advance. You can terminate the contract earlier, but only by agreement of the parties.

Timing is mentioned in several articles of the law. Thus, Article 14 of the Labor Code clearly states that the period with which the law associates the termination of labor rights and obligations begins the next day after the calendar date that determines the end of the employment relationship. And in the other - 84th it is written that the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of days when this person did not actually work, but his position was legally retained. In our case, this means that the last day of expiration of the notice of dismissal period, during which the plaintiff had the right to change his mind and withdraw the application, was January 16.

By the way, the Supreme Court recalled that in the Labor Code of the Russian Federation there are no restrictions for an employee to withdraw his resignation letter by mail or telegraph. This reminder has something to do with this. The citizen sent a statement to the employer that he had changed his mind on January 15. This means that he properly notified the owner of the company about his intention to stay. And the defendant did not take this statement into account. Local courts, when they refused to dismiss a person, gave the following argument. Another employee has already been invited to fill his position, so it will not be possible to withdraw the application.

To this, the Supreme Court recalled the rule of law - Article 80 of the Labor Code. It says that before the expiration of the notice period for dismissal, the employee has the right to withdraw the application at any time. In this case, he can be fired only if strict conditions are met. There are few such conditions. A new candidate must be invited in writing. And he must be from that category of citizens who, according to the law, cannot be fired. For example, a mother of many children or a disabled person. And at the court hearing it turned out that on December 22, the company offered the position of the outgoing employee to its own employee, but from a branch. And the new boss was transferred from one position to another on January 17. That is, the new boss was already working in the company and was not invited from outside in writing. He did not belong to the category of those to whom the law prohibits refusing employment. The company generally decided on a new appointment in advance, while the previous one had every right to change his mind and stay.

So the Supreme Court overturned all previous decisions and reinstated the citizen who had changed his mind.

Features of annulment of a decision

If the defaulter has received such a notice and fully agrees with the requirements listed in it, but cannot yet fully repay the debt, then this can be done. Write an application requesting an installment plan or deferment of payments on debt obligations. It must indicate the reasons why it is impossible to immediately pay off the debt, for example, loss of a job or temporary disability. In other words, give all valid reasons.

However, it is worth keeping in mind that even after accepting the application, the judicial authority does not guarantee a positive outcome of the case. Each case is individual. There are several options:

• The defendant's request remains unconsidered.
• The court order is annulled, then the paperwork will be considered in the general manner with the participation of all parties
• Amendments are being made to the document.

Note! The defendant does not pay the state fee for filing an application to cancel the decision. This is done by the claimant himself. After accepting the petition, the judicial institution has three working days to make a final verdict.