Downsizing may be due to the difficult financial situation of a company or government institution, low productivity of employees, and the absence of other reasons for dismissing unwanted workers. But it so happens that circumstances suddenly change for the better, and it becomes necessary to cancel the upcoming reduction. How can an employer do this?
Instructions
Step 1
In accordance with the Labor Code, you have the right, as an employer, to revoke a layoff order due to changed circumstances. Unfortunately, the Labor Code does not contain a specific algorithm for the employer's actions in this case, but it is understood that he, as the one who made the decision to cut staff, can also issue orders canceling the previously valid orders.
Step 2
If the 2 positions available in different branches or divisions of your organization are absolutely identical, then you can cancel the order to reduce only one of them. An employee who has been laid off in the event that it is specified in his employment contract has the priority right to apply for a similar position in another unit.
Step 3
Send appropriate notifications about the cancellation of the reduction not only to employees, but also to the labor inspectorate and other authorities, which you were required to notify about the upcoming reduction 2 months in advance.
Step 4
Make an order to cancel your previous order (indicating its serial number). Indicate the reason for the cancellation (for example, improving the financial situation of the company, receiving a prospective order, etc.). In the text of the order, indicate that the head of the personnel department and the chief accountant must familiarize themselves with it in order to make adjustments to the staffing table and payment documents. In addition, the head of the personnel department will need to notify about the cancellation of the order of all employees who have escaped redundancy, which should be mentioned in the text of the order in a separate line. Please sign and indicate the date of this document.
Step 5
Familiarize the head of the HR department and the chief accountant with the order.
Step 6
If you have reduced any position and have already fired an employee, then you will be able to restore the staff unit no earlier than in 6 months.
