Order to cancel an order to reduce staff: sample order

The order is an expression of the will of the head of the company. But the decision of the director of the company is not always final. Changing conditions force management to act differently. In this case, the previously issued order is annulled. Not all directors know how to draw up such a document correctly. A sample of such paper will help you draw up an order to cancel the order to reduce staff.

Why do organizations cancel layoffs?

Sometimes a miracle happens and the company gets back on its feet while maintaining its staff. There are other situations. Here are the most typical of them:

The employer does not have enough funds to pay compensation. Downsizing can be expensive, and if the manager realizes that he cannot make all the payments, employees will remain on the job for a while longer, receiving their regular salary. This solution can be more profitable.
It became possible to transfer specific employees to another position while maintaining their salary.
The staff suddenly increased (the staffing table changed). In this case, the employee's position is retained.
There were errors in previously published documents.
The decision to retrench was made by an unauthorized person.

Petrozavodsk carriers asked the mayor's office to withdraw notices of contract termination

“We, as taxpayers, have the right to expect an adequate response from the administration to what happened. The appropriate response is to understand this situation. Was a commission created, were documents requested from law enforcement agencies? How is a contract terminated before an assessment is made and those at fault are determined? — asked one of the workers, Alexey Galushin.

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Officials tried to counter with essentially the only argument: the terms of the municipal contract were violated, which means that the contract with unscrupulous contractors should be terminated. The carriers immediately asked why Galina Shirshina does not terminate contracts with companies that clearly do not have time to clear the city of snow - this is the same non-compliance with the contract. To this, Pavel Malenda, who today actually had to answer for the decisions of his employer, had nothing to say.

How to cancel?

If staff reduction is inevitable, you are obliged to notify the employee in writing about the upcoming procedure, in accordance with Part 2 of Art. 180 of the Labor Code of the Russian Federation. Moreover, the employee must receive a notice against signature no later than two months before dismissal. If circumstances suddenly change during this time, the employer has every right to withdraw the notice. And this can be done right up to the day on which the reduction was scheduled.

The Labor Code does not establish a uniform procedure for this case. But it implies that you, as an employer, can issue documents that cancel previously existing orders. The actual revocation of the notice of reduction is an internal document of the organization, the text of which contains an order to cancel a previously issued order to reduce staff.

Find out if it is possible to reverse the reduction

The employer has the right not to prove the need for staff reduction and can begin the corresponding procedure at any time.

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In this case, it is necessary to comply with the procedure for concluding, amending and terminating employment contracts with employees established by law.

How to place an order

The meaning of the order is to cancel the previous order to reduce staff. There is no strict sample. The order is issued in any form in accordance with the general rules: on official letterhead, signed by the manager. A sample order can be downloaded here.

The document indicates the reasons for canceling the old decision. For example, “due to an improvement in financial situation”, “due to receiving a new order”, “due to an unplanned delay in the transition to new technology”. Formal reasons are often indicated (“due to a change in the situation”), but it is better to indicate the real ones in order to avoid later accusations of hidden intentions for the intended dismissal.

The most important thing is that a clause must be placed with the wording: “On dated ... No...”, or “Consider the order ... invalid,” or “Consider the order ... no longer in force.”

It can also be noted that previously issued notifications become invalid. If the decision does not concern all employees, we indicate each necessary employee in the document. They can be listed in one order; it is not necessary to issue an order for each.

Also in the text of the order, in a separate paragraph, note that the chief accountant and the head of the personnel department must familiarize themselves with it.

Keep the old order in the archive - it is unlawful to destroy it, since it has already been registered.

If you didn't have time

If you issued an order to cancel the layoff, but the employee had already been fired by that time, then you will not be able to quickly return everything to its place. According to the Labor Code, it will be possible to officially restore a staff position no earlier than in six months.

It also happens that the candidate for layoff has already found a new job, after which the procedure is cancelled. In this case, the employee can resign only of his own free will or by agreement of the parties. He has no right to demand dismissal due to reduction, nor to claim compensation. Art. to help you. 81 of the Labor Code of the Russian Federation, which confirms that only the employer can initiate layoffs. However, the situation is quite sensitive, and be prepared that the former employee may contact the union and sue. Sometimes employers meet halfway, retaining the employees' right to severance pay in this case.

And one last thing. If it was still not possible to avoid a reduction, but its timing has changed, the administration is obliged to cancel the first order according to the same scheme.

So, as we see, the reduction procedure can be reversed. It's not at all difficult to do this. It is enough to comply with a number of formalities, correctly draw up orders and notifications, and deliver them to everyone on time.

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Cancellation of staff reductions and its consequences

It happens that the employer refuses his decision to lay off workers. This can be caused by various reasons, both external and internal (changes in the financial situation, conclusion of new contracts, change of management, etc.); The employer is not obliged to explain them.

The reduction can be canceled at any stage up to the moment of dismissal of employees. In this case, the reverse procedure to that described above begins.

Employees notified of dismissal due to reduction cannot demand dismissal on this basis with the payment of appropriate benefits. They have the right to resign at their own request or by agreement of the parties.

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In addition, if the layoff is cancelled, the employer’s agreement with the employee on early termination (before the expiration of the notice period for layoff) of the employment contract will also lose force if the parties entered into it in accordance with Part 3 of Art. 180 Labor Code of the Russian Federation.

Cancel reduction

The legislation does not say anything that the employer is prohibited from canceling the staff reduction procedure. This need may arise for the following reasons:

Previous circumstances have changed, and there is no longer a need to reduce personnel.
The employer is interested in keeping a particular employee at work.
During the reduction procedure, violations were committed.

Since the reduction procedure is formalized by an administrative document, the order to reduce staff must be canceled. This is done by issuing a new order canceling the original one. All employees, as well as employment authorities, if they have been notified of the planned reduction, must be familiarized with the order.

Notice of unilateral termination of the contract (sample)

But there is another provision: according to the articles of civil legislation, it is possible to unilaterally repudiate the contract in case of another significant violation. As the courts say, this norm is a reference one, therefore, the list of cases of violation is not exhaustive.

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A contract of this type can also be terminated if the buyer does not make advance payment. In this case, the supplier has the right to refuse to perform the contract and the right to claim compensation for losses.

Order to cancel staff reduction: sample

The order is drawn up in free form. It includes the following information:

The preamble, it talks about the reasons that led to the cancellation of the reduction.
The administrative part contains all the basic information: details of the canceled order for reduction, when the reduction procedure is terminated, in relation to whom, who is appointed responsible, etc.

The order is made on the company's letterhead and must contain all the details that are provided for such documents (date and number, signature of the manager).

Note! When canceling a reduction, you must remember to publish a new edition of the staffing table.

Can an employer withdraw notice of layoffs?

If the employee was previously notified of a future layoff, now a notice should be drawn up stating that the layoff procedure has been cancelled.

How to properly notify an employee that the layoff is being cancelled? The legislator does not cover this issue, so its decision remains at the discretion of the employer.

The notification is issued in free form, indicating the following information:

FULL NAME. employee to whom the document is sent.
Information that the employee will not be laid off and employment relations with him will continue under the same conditions.
Date of writing the notice, signature of the manager.

The notice must be given to the employee against signature. After the reduction is cancelled, a person can no longer be dismissed due to staff reduction and, accordingly, cannot claim severance pay upon dismissal. Dismissal is now possible for other reasons, for example, at will.

When the employer decides to cancel the reduction procedure, he issues a corresponding order that cancels, in whole or in part, the order that initiated the reduction in staff. Workers are warned through a notice that is given to each worker individually.

Notice of contract termination: how to revoke

The tenant now demands to vacate the premises, citing the fact that the contract does not provide for the withdrawal of the notice. Therefore, the question is: how to act in such a situation? Does the revocation of this notice have legal force (the Tenant, of course, is strongly against it).

Experienced colleagues, help me understand the situation. There is a sublease agreement. The Subtenant decided to terminate the contract and gave the Tenant 30 days' notice. Subsequently, the Subtenant changed his mind about terminating the contract and sent a review of the previously submitted notice 15 days later. (No documents for termination were signed, and the Tenant has already entered into a new contract for this premises.) The contract contains the following clause (not verbatim): - The Subtenant's notice of termination of the contract comes into force 30 days from the date of receipt of such notice by the counterparty

Can an employer withdraw notice of layoffs?

If the employee was previously notified of a future layoff, now a notice should be drawn up stating that the layoff procedure has been cancelled.

How to properly notify an employee that the layoff is being cancelled? The legislator does not cover this issue, so its decision remains at the discretion of the employer.

The notification is issued in free form, indicating the following information:

FULL NAME. employee to whom the document is sent.
Information that the employee will not be laid off and employment relations with him will continue under the same conditions.
Date of writing the notice, signature of the manager.

How to write a notice of termination of a service contract

All legal entities, according to current legislation, are subjects of economic activity, therefore their interaction is clearly regulated. Contractual relations constitute the essence of economic activity, and oblige legal entities to strictly adhere to them.

Compiled in writing. This form is the most relevant, since oral notification of termination of the contract does not have any legal force.
Mandatory sending of such notice to the other party to the contract. Confirmation of this may be a special postal document stating that it was received. But it is advisable to send it in a valuable letter with an inventory of the attachment.
It must indicate the reason for termination, as well as the justification.

Example of a service agreement.

Cases of cancellation of staff reduction

In any company, the manager has the right to decide to dismiss employees through staff reduction.

There may be several reasons for this. Workers receive certain payments and go in search of a new service. However, the situation does not always unfold this way.

There is nothing stopping the director from canceling the reduction he himself adopted. To do this, an order is created that cancels the previous one. Thus, employees remain in the organization and continue to work.

There are several reasons for canceling staff reductions.

The most common of them are the following:

A sudden increase in staff (since the employee remains in his place, the employer no longer needs to pay him compensation. The employee will receive wages as before);
The possibility of transferring an employee to another position (most often in this case, the level of earnings is maintained);
The company does not have enough funds to compensate dismissed employees (sometimes the amount of payments due to the employee is quite high. And if there are also many dismissed, the company may not be able to provide monetary compensation. Then the manager leaves the employees for some more time. During this period the organization has free money, which is used to pay those laid off);
Errors were found in the redundancy documents (then the procedure is drawn up anew, and employees continue to work until the period specified in the new order);
If the dismissal order was drawn up by a person who does not have the right to take such actions (this happens quite rarely, and the documents are drawn up again by an authorized person).

Notice of termination of contract: why is it necessary?

Both the customer for the provision of services and the party providing these services have the right to terminate the agreement unilaterally, without going to court. To do this, it is necessary to compensate the second participant for his expenses incurred in connection with the refusal to continue the terms of the agreement. In this case, real and not hypothetical expenses are reimbursed. The letter of the law determines that lost funds are compensated in full. However, the party has the right to reimburse only the money that the counterparty lost before the agreement was terminated.

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Termination of a service contract may be terminated early for a number of reasons. These include non-compliance with the terms of the initial agreement, the inability of one party to continue providing services, and the like. As with the termination of any official contract, the counterparty cannot unilaterally refuse to fulfill its obligations, but can send a notice of termination to the other party.

How to cancel a staff reduction

If you have drawn up an order to cancel the reduction and want to cancel its effect, you need to go through a few simple steps:

First, create a new order that cancels the previous one. If several employees were preparing for dismissal, then there is no need to draw up a separate document for each of them. One general order is enough, which will list the names of all employees. The order is drawn up in 2 copies (one for the employer, the other for the employee);
Next, draw up a notice of cancellation of the previously written order. Notification to the employee is strictly in writing, which must be given to each employee whose name is on the order, against signature. The notice is also prepared in 2 copies;
Also familiarize employees with the new order. If changes are planned in the work process of employees, then the persons specified in the order must also be notified about them;
If the organization has previously notified the Trade Union and the Employment Center about the upcoming reduction, then it is necessary to notify them of the cancellation.

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The employer has the right to cancel the layoff procedure before the termination of the layoff order itself. It is important to take into account that the employee must be notified of the upcoming dismissal no later than 2 months before the date of dismissal.

Cancellation order

To understand how to cancel a staff reduction competently, you need to familiarize yourself with the rules for drawing up an order.

The law does not establish strict requirements for it. This is an internal document of the company, when writing which you should adhere to the general rules for drawing up business documents.

We list the main points of the sample order:

Be sure to indicate the reason for canceling the order (it is better to write the real reason to avoid possible accusations of selfish intent for the cancellation);
Write which order you want to cancel (indicate its name, number and date of preparation);
Also note that previously issued notices will also become invalid;
List all employees covered by the document, indicating their positions;
Indicate the list of actions that need to be performed in connection with drawing up the order, as well as their deadlines (for example, notify the employment service);
The document is signed by an authorized person of the company (for example, the general director);

order

Do not forget to familiarize the chief accountant with the document drawn up, and save the old order in internal documentation. The latter cannot be lost, since it is already numbered and put into effect earlier.

Along with the order, employees must be given a notice of cancellation. It is also issued arbitrarily.

The main thing is to take into account the following nuances:

Be sure to indicate the order number to cancel the reduction;
Insert a clause stating that the employee will continue to work under the same conditions (and if there are changes, list them);
Provide a written explanation that the employee has the right to resign on his own initiative (since no reduction measures will be taken against him);
The notice is addressed to a specific employee;
The document is certified by the signature of an authorized person;
The act is drawn up on 2 forms, on which the notified employee puts his personal signature.

Cancellation of a layoff order: how to process it?

In order to correctly formalize the cancellation of staff reductions, the employer must issue the appropriate orders: one completed sample is sent to the Employment Center and the Trade Union, and the second is sent to employees who were supposed to be dismissed.

All cancellation orders must state the reasons why the employer changed its decision. This could be an improvement in the economic situation at the enterprise, receiving a promising expensive order, changing the financial forecast, etc.

The above orders can only be created within two months from the date of notification of staff reductions, and they must also contain the following information:

The reasons why it was decided to cancel the reduction;
Details of previously created orders that need to be cancelled;
Instructions to HR department employees about the need to notify the Employment Center and other government agencies about changes in the situation;
If some employees who are being laid off have already resigned of their own free will, it is necessary to redistribute their functions to other employees, indicating this in this order;
Who is given control over compliance with the terms of the order (usually the manager himself).

As for letters of withdrawal of notice of layoffs, which are intended for specific employees, they must indicate the following data:

Business name;
FULL NAME. and the position of the employee to whom the letter is addressed;
Number and date of writing the letter;
Title (“About withdrawal of notification...”);
The reason why the reduction is being cancelled;
Position, full name and the signature of the originator.

How to cancel a reduction in the number or staff of employees

Step 1. Detection (recording) of circumstances for canceling the reduction and initiating such cancellation

A reduction in the number or staff of employees (hereinafter referred to as reduction) can be canceled for two main reasons:

- the circumstances that served as the basis for the reduction have changed (disappeared). For example, an organization managed to conclude a large contract for the sale of products produced by it, the type of activity changed, etc. As a result, the financial position of the organization improved and the need arose for additional staff (employees);

— the reduction was initially carried out with violations. Namely, they did not take into account the priority right to remain at work, did not notify (not warn) workers, the employment service or the trade union, etc., within the prescribed period. Errors can be identified by the employer himself or by regulatory authorities. In this case, the reduction procedure begins again, but in compliance with the requirements of the law.

Step 2. Cancellation of the layoff order

The main right of the employer is the right to terminate employment contracts with employees in the manner and on the grounds established by the Labor Code and legislative acts.

That is, the employer can cancel it at any stage of the layoff procedure, except for canceling the decision to lay off workers who have already been laid off. This is due to the fact that the employment relationship between the parties ceased and at the time of dismissal of workers there were objective grounds for layoffs.

For reference, positions (professions) of already dismissed employees are excluded from the staffing table. It is advisable to introduce them again no earlier than six months to a year. Hiring a new employee to a reduced position earlier than this period may indicate that there is no actual reduction, so the dismissed employee, in the event of a claim, can be reinstated at his previous place of work. Alternatively, you can invite previously laid-off workers to return to the organization. If they agree, apply for employment on a general basis.

The legislation does not establish the procedure for canceling a reduction and the requirements for the corresponding order.

An order is a legal act issued by the head of an organization, acting on the basis of unity of command, to resolve the main tasks facing the organization, as well as in cases where it is necessary to bring the requirements of directive documents of higher organizations to the attention of subordinate persons and subordinate organizations, to outline specific measures for their implementation, determine responsible persons, deadlines for completing these activities.

In the event that an administrative document cancels a previously issued document (its individual provisions), the last paragraph provides a link to the canceled document (clauses of the document) indicating its date, registration index and title. In this case, a stable phrase is used: “Recognize the order... from... N...” as invalid.

We believe that it would also be advisable to include the following information in such an order: - the reasons that caused the cancellation of the reduction; — instructions to officials of the organization; — redistribution of labor functions and responsibilities (if necessary).

The reasons why the reduction was canceled are reflected in the order to avoid disputes about its hidden goals. Questions may arise from workers who have already been laid off and from those who are still working but will still be laid off.

Both the reduction order itself and orders to make changes to the staffing table (putting a new staffing table into effect) are canceled (in whole or in part). Officials are instructed to notify workers, the trade union and the employment service (departments (departments) for labor, employment and social protection of city, district executive committees, departments (departments) of social protection of local district administrations in cities). If some workers have already been fired, the issue of redistributing the load is decided.

Example of an order to cancel a reduction order

Limited Liability Company "Versailles"

On cancellation of the order to reduce the number of employees

Due to the increase in the volume of services provided and the improvement in the financial performance of Versailles LLC

1. Declare invalid orders dated 04/09/2018 No. 20 “On reduction of staff” and orders dated 04/09/2018 No. 21 “On amendments to the staffing table”.

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2. Head of the HR Department Kostyukova I.I.: - familiarize those previously warned of dismissal due to staff reduction with this order and recall the notices of dismissal handed to them; — prepare notifications about the cancellation of the reduction for the primary trade union committee of Versailles LLC and the employment department of the committee for labor, employment and social protection of the Minsk City Executive Committee.

Director of the company Signature I.G. Fedorov

The order has been familiarized with: Signature of I.I. Kostyukov

Step 3. Notification of workers, trade union, employment service about the cancellation of the reduction. Cancellation of the reduction for workers also means the cancellation of the guarantees and opportunities that Art. provides them. 43 of the Labor Code for the period of notice of dismissal due to reduction: - the employer is no longer obliged to offer the employee another job available to him, which the employee can perform taking into account his specialty and qualifications; — warning of impending dismissal is not replaced by payment of compensation in the amount of two months’ average earnings, and if the initiative comes from the employer afterward, compensation is determined in proportion to the time remaining before the end of the two-month warning period; - the employee is no longer given one free day a week without pay (by agreement with the employer - with pay) to resolve the issue of independent employment with other employers.

The legislation does not oblige the employer to notify the trade union, employment service or other bodies (organizations) about the cancellation of the layoff. But it is recommended to do so.

As a rule, notifications (notices) are sent to these bodies in any form. They indicate, with reference to the order, that the reduction was canceled in whole or in part. If the trade union was previously asked for a reasoned opinion on the issue of dismissal of its employees, they are informed that it will not be required.

For employees, it is customary to issue notifications in writing, since the law requires that the employee be notified in writing. The fact is that the revocation of the warning means for the employee, on the one hand, the opportunity to continue working on the same conditions and the restoration of his labor rights, on the other hand, the abolition of the guarantees provided to him by Art. 43 Labor Code for the warning period.

An example of notifying an employee about the cancellation of a layoff

Limited Liability Company "Versailles" Accountant E.A. Yaguzhinskaya

On revocation of notice of dismissal

Dear Elena Alekseevna!

By warning dated 04/09/2018 N 12, you were notified of your upcoming dismissal due to staff reduction.

I inform you that due to the increase in the volume of services provided and the improvement in the financial performance of Versailles LLC, by order dated 05/07/2018 N 25, order dated 04/09/2018 N 20 “On the reduction of staff” was cancelled. Please consider notification No. 12 dated 04/09/2018 withdrawn; your position will not be reduced. The terms of your employment contract remain unchanged.

Director of the company Signature I.G. Fedorov

Notification received Signature E.A. Yaguzhinskaya

Example of a union notice to cancel a layoff

Limited Liability Company "Versailles"

Ref: 05/07/2018 N 36

To the Chairman of the primary organization of the trade union "Versailles" LLC Loseva I.V.

On cancellation of dismissal of employees due to staff reduction

We inform you that by order of Versailles LLC dated 05/07/2018 N 25, orders dated 04/09/2018 N 20 “On reduction of staff” and dated 04/09/2018 N 21 “On amendments to the staffing table” were cancelled.

By notification dated 04/09/2018, you were asked for a reasoned opinion on the issue of dismissal of workers who are members of a trade union. Due to the cancellation of the reduction, there is no need to respond to this request.

Appendix: copy of order dated 05/07/2018 N 25.

Director of the company Signature I.G. Fedorov

The concept of staff reduction and initiation of its procedures

Let us remember what the law means by abbreviation to be interconnected events:

changes in the organization’s staffing table, as a result of which the number of staffing units for one position is reduced (for example, there were three sales managers in the department, now there are two) or structural divisions or individual positions are excluded from the staffing table;
subsequent dismissal of employees whose positions were reduced in the new staffing table.

The starting point of the entire procedure is the employer’s decision to reduce the number of employees, which may take the form of an order from the manager, or, less often, a protocol (decision) of the collegial executive body.

Based on this document, changes are made to the organization's staffing table.

Such an order (decision) usually includes:

structural units, positions or staff units subject to exclusion from the staffing table;
deadlines or specific date for their exclusion;
creation of a commission or appointment of persons responsible for carrying out the reduction procedure.