Often, employers illegally terminate an employment relationship with a specialist. The latter has the right to go to court, and after the meeting and the issued decision, the employee is reinstated in office. For this, the order of dismissal is canceled and an administrative document is issued on the reinstatement of the employee in the labor function.
Necessary
- - court statement;
- - performance list;
- - employee documents;
- - labor legislation;
- - order forms;
- - employment contract form;
- - job description;
- - staffing table.
Instructions
Step 1
After a decision is made by a judicial authority to reinstate a specialist in his previous workplace, the decision is executed immediately, that is, on the next day after the court session. The employee presents a resolution and a writ of execution, but, as a rule, these documents are not issued to him on the same day. When a company representative was present in the courtroom and was aware of the ruling, the specialist must be reinstated immediately, that is, on the day the employee appears in the organization. In the absence of the employer in court and ignorance of the outcome of the case, an employee without documents is not reinstated.
Step 2
The employee submits a resolution and a writ of execution. In the absence of the former, it is possible to present the latter, which is regulated by the Civil Procedure Code of the Russian Federation and the Labor Code of the Russian Federation.
Step 3
To reinstate the employee, issue an order to cancel the termination order. In the "header" of the document, indicate the details of the company, including the name of the company and the city of its location. In the substantive part, write the number, date of the resignation order. In the first paragraph of the order, write down the reason why the previously issued document is canceled. In this case, this is the decision of the judicial authority. Familiarize yourself with the order of the restored employee against receipt, certify the document with the director's signature.
Step 4
Draw up an order. Its theme will be reinstatement of an employee. The decision and the writ of execution appear as the basis. Indicate the dates, numbers, titles of these documents. In the administrative part, write the personal data of the restored specialist. Enter a list of the working conditions for which the employee is accepted. Indicate the date, salary, position and working hours.
Step 5
Sign a new employment contract. Write down the rights, obligations, working conditions similar to the content of the contract, which was terminated illegally. Certify the document with the company seal, signatures of the manager and the employee being reinstated.
Step 6
Make an entry in the work book on the basis of the order for the reinstatement of the employee. Provide the employee with the working conditions under which he worked before the illegal dismissal. Otherwise, the specialist has the right to go to court again.
