When does it become necessary to cancel the order of dismissal? There are two main options: if the employee himself refused to quit, or when he was reinstated at work in the event of illegal dismissal.
If the employee changes his mind about quitting on the day of dismissal, and the order has already been issued, issue another order "On the cancellation of the order from ____ No.__". The day of dismissal of an employee is considered a working day, and he has the right to write a written refusal to dismiss. This will be the documentary basis for the cancellation.
There is no unified form for such an order. The employer can develop such an order himself. It must indicate the reason for the cancellation, instructions are given to the personnel worker on making the appropriate changes to the personal file and work book (if records of dismissal have already been made in them).
A similar procedure should be followed if the employee fell ill on the day of dismissal and notified the employer that he was issued a sick leave. The order of dismissal is canceled without fail if the basis for dismissal is the initiative of the employer.
If the initiative came from the employee (dismissal of his own free will), then he has the right to decide for himself whether to leave or not.
If the employee is reinstated at work, the cancellation of the dismissal order is the first and obligatory step of the employer. The order must be issued immediately after the court's decision is made (no later than the next day).
The employee is reinstated in his previous position, with the same pay and benefits due to him. At the same time, changes must be made to the employee's work book and his personal file.
What problems can arise when the order to dismiss a reinstated employee is canceled? First, the previous position by the time the decision is made on the case (litigation sometimes lasts up to a year or more) may be occupied by another employee. In this case, the employee replacing the position must be dismissed. Before that, he needs to offer other vacant positions, if they are available at the enterprise. Only in case of refusal to transfer, the employee must be dismissed in accordance with clause 8 of article 77 of the Labor Code of the Russian Federation. If there are no vacancies, then the dismissal is made in accordance with paragraph 2 of Article 83 of the Labor Code of the Russian Federation. In both cases, he is paid a two-week severance pay.
Secondly, if a reinstated employee was dismissed due to staff reduction, his position at the time of reinstatement may not be in the staffing table at all. However, this is the employer's problem - simultaneously with the issuance of the order to cancel the dismissal, it is necessary to issue an order "On amendments to the staffing table."