Dismissal due to staff reduction - step-by-step instructions

Home / Labor Law / Dismissal and layoffs / Retrenchment

Back

Published: 05/15/2016

Reading time: 7 min

5365

A reduction in the number of workers is usually associated with the inability to maintain a certain staff at an enterprise or organization. Management is forced to take measures to reduce budget expenses, since it is impossible to pay wages in full to all employees. In such an unpleasant situation, the employer tries to say goodbye to unskilled or recently signed employees by sending them appropriate written notice of the upcoming dismissal.

In what cases is a recall possible?
How is the document compiled?
Dates and features of delivery

It should be noted that the employer does not have the right to dismiss employees on his own initiative, citing the need for layoffs.

He must first offer vacant positions, and only after receiving a refusal to change jobs from each of the employees, the head of the organization or enterprise can initiate the dismissal procedure. Another valid reason for terminating an employment contract is the lack of vacancies (Article 81 of the Labor Code).

Also, any employer has the opportunity to withdraw a notice of staff reduction that has already been sent, that is, change its decision and leave the employee or employees at the same place of work. This aspect of labor relations is not regulated by labor legislation, but at the same time, the Labor Code does not contain any prohibitions on revoking a notice at the request of the manager.

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).

When can you cancel a reduction?

Any employer can decide to reduce staff to optimize the operation of the enterprise. However, there are situations when there is no need to fire employees. Among the main reasons why a reduction may be canceled are:

the employer’s inability to pay monetary compensation to resigning employees. There are situations when, due to economic difficulties, it is easier for the director of an enterprise to continue paying employees regular wages than the monetary compensation due during layoffs;
after a while, the employer has the opportunity to transfer some or all of the dismissed employees to other positions with subsequent preservation of wages;
changes in the staffing table, as a result of which the staff was increased, which made it possible to keep employees in their places;
detection of errors or erroneous data that were previously published;
the decision to reduce staff was made by a person who does not have the necessary authority.

Employees who have received notice of dismissal, after its cancellation, cannot demand that the director of the company carry out the dismissal procedure for redundancy with the subsequent payment of monetary compensation. In such a situation, termination of the employment contract can be carried out at the request of the employee himself or by mutual agreement between the parties. It is worth considering that the agreement on early dismissal concluded between the parties loses its legal force after the reduction is cancelled.

Reasons for canceling the reduction

The head of any enterprise can carry out a staff reduction procedure. At the same time, all laid-off employees receive the payments due to them according to the legislation of Russia or, for example, Ukraine, and begin to look for a new job.

If the situation has changed, then the manager has every right to cancel the previously made decision to lay off workers. To do this, he creates a new order that cancels the previous document. There may be several reasons for such actions:

Unexpected increase in staff. Due to the fact that the employee continues to work in his place, the employer does not need to pay him compensation. The employee will continue to receive a salary.
Transfer of an employee to another position. In this case, he usually retains his previous earnings.
The organization does not have money for mandatory payments to employees subject to dismissal. Sometimes the compensation can be quite high. In addition, there may be many laid off workers. In both cases, the company may not be able to cover the costs of cash payments. A solution may be to postpone the layoff, which will allow the organization to find the necessary amount to make payments to those laid off.
Errors were made when preparing documents. The entire layoff procedure is carried out again, while employees continue to perform job duties until the deadline established by the new management order.
The order to reduce staff was drawn up by a person who does not have the rights to carry out such actions. This situation occurs quite rarely, but if it does occur, then all documents are drawn up again by an authorized employee.

On what basis can an employer demand the return of a notice?

Even if an employee has received a document stating that he has been laid off, this does not mean that he has been fired. The dismissal of an employee is carried out only on the basis of an order signed and certified by the living seal of the manager, and the employee must familiarize himself with it. After which a corresponding entry must be made in the work book.

The employer may request the return of a previously issued redundancy document due to the fact that it is possible not to reduce staff or the employee was laid off unreasonably.

The legislative framework

When registering the cancellation of a layoff, it is necessary to rely on the provisions of the following articles of the Labor Code:

indicates the need for notice of reduction; when a decision is cancelled, all previously informed employees must be notified that the decision has been cancelled;
states that if there is a trade union in the organization, it must be notified both of this decision and of its cancellation;
determines the conditions under which an employment contract with an employee can be terminated early;
argues that the enterprise must inform the territorial employment service regarding the cancellation of the previous decision.

On what basis can an employer demand the return of a notice?

The employer may request the return of a previously issued redundancy document due to the fact that it is possible not to reduce staff or the employee was laid off unreasonably.

The employer's right to withdraw notice of layoffs

A reduction in an enterprise can be due to many reasons: a decrease in demand for manufactured products, the introduction of new technology, a decrease in funding, etc. However, the circumstances that caused the reduction may no longer exist, and therefore it will be inappropriate to carry out it.

In addition, the employer may discover that they made errors in the procedure that affect the legality of dismissal due to redundancy. In such a situation, it makes sense to stop the procedure and start it again.

Dismissal due to reduction is a special case of dismissal at the initiative of the employer, therefore the latter has the right to cancel the reduction at any time before its end. The law does not prohibit this, and judicial practice confirms the corresponding right (appeal ruling of the Chelyabinsk Regional Court dated August 15, 2013 in case No. 11-7993/2013). Moreover, the employer has the right to cancel the reduction either completely or partially.

An employee in respect of whose position the reduction has been cancelled, does not have the right to insist on dismissal under clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation in connection with the reduction. If he does not want to continue working, he can be dismissed by agreement of the parties or at his own request. Moreover, in the event of dismissal, he will not receive severance pay and other payments due to the person being laid off, unless the agreement of the parties provides otherwise.

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.

If the candidate for layoff has already found a new job, then after the cancellation the employee can resign only of his own free will or by agreement of the parties.

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.

How to cancel an order?

If it is necessary to cancel the reduction in staff, then the corresponding order should be canceled. This is done by issuing a new order. This document provides information on the cancellation of planned measures to reduce the number of employees.

The employer must first inform the trade union committee, heads of personnel and accounting departments about the decision made. Then a notice is sent to employees with whom, according to the previous order, the employment relationship should have been terminated.

Notification of services and employees is made in writing. An order is attached to the notice. The document is drawn up in any form. It is important to highlight two columns for signature: regarding familiarization with the notice and with the order.

The notification is sent in two copies: one remains with the employee, and the second is certified by the employee’s signature and sent back to the enterprise administration. Notifications are sent by mail

Cancellation procedure

If the employer has already notified employees of the dismissal and issued a layoff order, then to cancel it it is necessary:

order the issuance of a new order that cancels the previous document. In this case, a sample order developed and used only in a specific organization can be used. The document is drawn up in two copies: one remains with the employer, the other is given to the employee;

It is important to know! If several employees are laid off at once, then the employer does not need to issue several orders at once; it is enough to draw up one document, the effect of which will apply to all employees.

a notice is drawn up that will need to be given to employees about the cancellation of the previously issued order. This notice must be made only in writing and given to all employees who were to be dismissed against signature. The document must be drawn up in 2 copies;

sample notice of cancellation of layoff

the employer must ensure that each employee whose name was indicated in the dismissal order is familiar with the new document canceling the layoff;
if the employer has previously notified the trade union organization or the Central Work Center, then he must send a second notification informing about the cancellation of the dismissal of employees.

At the legislative level, there is no uniform procedure established that must be followed by the head of the organization. At the same time, the law gives the director of the company the right to issue an order that cancels previously issued documents.

Procedure for canceling a reduction

The order will be as follows:

An order is issued to cancel the reduction measures.
First of all, the head of the personnel department, accountant and trade union must be familiarized with the order.
Next, employees affected by the cancellation of the previous order are notified. A written notice is sent out with an order attached. One copy remains with the employee, the second, with the employee’s signature, is returned to you. It is better to take two signatures: one for receiving the notification, the second for familiarizing yourself with the order.
Notify the labor inspectorate, employment service and other bodies that you were required to notify about the layoff 2 months in advance about the changes.

Stages of the procedure

It will not be possible to quickly cancel the order to reduce the number of employees. This procedure consists of the following steps:

Creating a new order that cancels the previous one. If, according to the initial order, several employees had to be fired, then there is no need to draw up a separate order for each. One document listing all employees will be more than enough.
Drawing up notices of cancellation of the previous order, as well as that the notices associated with it have been withdrawn. Employees are notified only in writing. Notices must be delivered against signature to each employee specified in the order.
Familiarization of employees with the new document. This action is necessary so that each employee knows about his place in the enterprise and about all the changes that affect his position. If the employer refuses to familiarize his employees with the document canceling the layoff, then they have the right to apply to the judicial authorities with a corresponding claim within a month. In addition, if changes are made to the work schedule of people subject to dismissal, then this should also be reported to everyone mentioned in the order.
Notification of the Trade Union and the Employment Center, provided that they were previously notified of the upcoming staff reduction.

Before the reduction order expires, it can be canceled. If employees have already been given notices of dismissal, then new ones should be issued, drawn up in accordance with the latest document.

Reasons for canceling the reduction

Unexpected increase in staff. Due to the fact that the employee continues to work in his place, the employer does not need to pay him compensation. The employee will continue to receive a salary.
Transfer of an employee to another position. In this case, he usually retains his previous earnings.
The organization does not have money for mandatory payments to employees subject to dismissal. Sometimes the compensation can be quite high. In addition, there may be many laid off workers. In both cases, the company may not be able to cover the costs of cash payments. A solution may be to postpone the layoff, which will allow the organization to find the necessary amount to make payments to those laid off.
Errors were made when preparing documents. The entire layoff procedure is carried out again, while employees continue to perform job duties until the deadline established by the new management order.
The order to reduce staff was drawn up by a person who does not have the rights to carry out such actions. This situation occurs quite rarely, but if it does occur, then all documents are drawn up again by an authorized employee.

It should be noted that these are only the most common grounds for canceling employee reductions. The management of the organization can carry out this procedure for any valid reason.

Cancellation order

To cancel the reduction procedure, the director of the organization must issue an appropriate order. At the legislative level, there are no strict requirements for this document, which gives the head of the company the right to issue an order in any form or using a form specially designed for use in one organization. In this case, the document must indicate:

the reason why the director wants to cancel the order. It is recommended to indicate the real reason, since otherwise the director may be accused of having selfish intent;
the exact name of the document whose validity will need to be cancelled, the number and date of its preparation;
the fact of cancellation of a notice that could have previously been sent to employees;
Full name and position of all employees who will be subject to the new order;
the need to continue fulfilling job responsibilities by employees who may have been laid off. In this paragraph, the employer can indicate the employee’s right to resign at his own request;
a list of actions that the responsible person will be required to perform. For example, send a notification to the central planning office or trade union organization.

At the end, the document must be signed by the head of the organization. Without a signature, the order has no legal force.

It is important to know! First of all, the director of the company must familiarize the chief accountant with the document and order that the old order be placed in the internal documents of the company. It cannot be thrown out, since the previously issued order has already been assigned an individual number and is registered in the appropriate journal.

The downsizing procedure is necessary to improve the economic condition of the organization, but due to changes in circumstances, the need for downsizing may no longer be necessary. In such a situation, current legislation allows the director of the organization to cancel the dismissal of employees. To do this, it is necessary to issue an appropriate order and notify all employees in a timely manner.

When can you cancel an order?

The reduction process is as follows: the manager issues an order with a list of persons to be paid. Accounting for employees creates a notice of impending dismissal, which also specifies the period of service, usually 2 months. However, an agreement can be concluded between the employee and the employer that the reduction will occur earlier, for example after 1 month, with the same salary.

It is possible to cancel the order up to the last two months before dismissal. The basic rule is that the entry should not yet be included in the work book.

How is the document compiled?

There is no single form or registration form for revoking a notification. Therefore, the document is drawn up in free form at the discretion of the manager. In this document, it is necessary to indicate the reason for sending the previous notice (the number of the reduction order is entered) and the grounds for its withdrawal - another order issued by management.

For example, a sample document might look like this:

“Dear Marina Leonidovna! By letter dated May 12, 2021, you were notified of the upcoming reduction of your position from July 12, 2016 based on Order No. 48 of May 11, 2021 on staff reduction. We inform you that this order has been canceled by a new order dated June 1, 2021, and therefore no measures will be taken to reduce your position. General Director Vasilevskaya S.V.”

Documents are prepared similarly for the local employment center and trade union organization. In them, the manager refers to the issued order canceling the previous decision. Below is a list of names of employees who will remain at their previous place of work.

For the employment center, next to each name, the position held, information about the employee’s qualifications and his salary are entered. The document is signed by the head of the enterprise or organization.

Issuing a cancellation order

The first stage of the procedure for canceling a previous decision is to issue an appropriate order.

Sample

The manager usually trusts his secretary to draw up an order to cancel the layoff. The director can also entrust the preparation of such a document to the personnel department. It is important that the employee is competent and has previously dealt with writing orders.

If there is no practice in drawing up an order to cancel a layoff, then it is better to use an example. This will simplify and speed up the process of writing a document. A sample order to cancel a staff reduction order is given below.

Limited Liability Company "Hermes"

(Hermes LLC)

ORDER No. 58-k

On the cancellation of the decision to reduce the number of staff

St. Petersburg November 19, 2021

Due to the upcoming increase in the volume of work due to the conclusion of a large contract,

I ORDER:

Cancel the decision to reduce the number of employees in the sales department of Hermes LLC (order No. 57-k dated October 16, 2019).
The HR Service should ensure that employees previously warned but not dismissed due to staff reduction are familiarized with this order by November 22, 2019. And also notify the employment center and trade union organization about the decision made.
Previously drawn up and sent notices are considered invalid.

I reserve control over the execution of the order.

General Director (signature) A.A. Tigers

The following have been familiarized with the order:

Chief accountant (signature) A.P. Menyalova 11/19/2019

Head of Human Resources (signature) V.P. Karaseva 11/19/2019

Head of HR Service (signature) P.L. Petrov 11/19/2019

Sales Manager (signature) A.P. Lvov 11/19/2019

Sales Manager (signature) D.A. Karpov 11/19/2019

Senior Sales Manager (signature) A.A. Antonov 11/19/2019

Notification of interested parties about cancellation of reduction

Issues of canceling reductions are not regulated by law. But to minimize the risk of claims from both employees and regulatory authorities, the employer should act in the same way as he acted at the beginning of the layoff procedure. Thus, it seems necessary to notify:

Employees in respect of whom a decision to retrench was made and cancelled.
The trade union organization, previously notified of the reduction in accordance with Part 1 of Art. 82 Labor Code of the Russian Federation.
The employment center, previously notified of the upcoming reduction on the basis of Art. 25 of the Law “On Employment...” of April 19, 1991 No. 1032-1.

Sample notification

There is no single form, but there are requirements for content:

an indication of the decision to cancel the reduction (reference to the relevant order is required);
clarifications to employees that they will continue to work in the organization under the same conditions;
clarification that the abolition of the current position will no longer take place, but the employee can terminate the employment contract at his own request.

How is the document compiled?

There is no single form or registration form for revoking a notification. Therefore, the document is drawn up in free form at the discretion of the manager.
In this document, it is necessary to indicate the reason for sending the previous notice (the number of the reduction order is entered) and the grounds for its withdrawal - another order issued by management. For example, a sample document might look like this:

A stamp is required.

How to deal with employees dismissed early

Based on Part 3 of Art. 180 of the Labor Code of the Russian Federation, an employer may dismiss an employee due to redundancy early if he has his written approval.

First of all, we note that such an agreement does not change the legal nature of dismissal. The employee is still considered dismissed at the initiative of the employer - due to a reduction, and not by agreement of the parties. In this case, only the date of dismissal and the amount of compensation paid to the employee change. Next, consider 2 situations:

An agreement on early dismissal due to reduction has been concluded, but the employee has not yet been dismissed. Cancellation of the reduction makes the agreement invalid, because such dismissal is possible only as a result of an actual reduction in the number or staff of employees. But in this case, this does not happen, because the employee cannot be dismissed due to reduction. There is also judicial practice confirming this position (for example, the ruling of the St. Petersburg City Court dated January 27, 2011 No. 33-1077/2011).
The employee was dismissed early due to layoffs, and all payments due in connection with the layoff were made to him: severance pay, payments for the period of employment, compensation, etc. Such an employee may even already be working in a new place. Since at the moment under consideration the employment relationship had ceased, there was a basis for layoffs at the time of dismissal, then the layoff procedure in relation to them can be considered completed. It is advisable not to cancel the reduction of positions of such employees, but to reintroduce them into the staffing table. At the same time, in order to avoid disputes about the legality of the reduction, dismissed employees should be offered in writing to occupy these positions as a priority.

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.

Dates and features of delivery

Notifications of upcoming layoffs are sent to these organizations two days in advance.

months before the termination of the employment contract (82nd article of the Labor Code).
If we are talking about mass dismissal of employees , the employer warns the trade union organization and the employment center three months in advance.
Therefore, in order to change his decision and notify the specified organizations, the manager must send a written review of the previous notification within two or three months before the termination of the contract.

The employee who is being laid off is given the document against signature. The employee signs both copies, after which a copy is added to the documents in the employee’s personal file. If for any reason a refusal was received from the employee, it is necessary to draw up a report in front of two witnesses and also enter it into the personal file.

In this case, the employee will not have the right to demand a reduction calculation (with special compensation payments). But if he still decides to leave, he will have to write a statement of his own free will or ask the employer to draw up a document by agreement of the two parties.

The document is also handed over to the trade union organization against signature. The head of the elected body of this organization puts a corresponding mark on the document.

The employment center records information about dismissed workers not only for the purpose of collecting statistical information, but also to ensure social protection of citizens in the event of their losing their job. Unemployed citizens are paid unemployment benefits and vacant positions are offered.

Accordingly, if there is a possibility that employees will be reinstated to their previous jobs, it is better for the employer to refrain from sending a notice. If a notice has been sent, it is necessary to notify this organization in writing of the cancellation of the decision. The written review is registered by an employee of the employment center in a special accounting book.

It is best to consult the employees of a specific branch of the employment center about all the nuances of document preparation..

If you didn't have time

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. To help you, the Labor Code of the Russian Federation confirms that only the employer can initiate a layoff. 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.

If the candidate for layoff has already found a new job, then after the cancellation the employee can resign only of his own free will or by agreement of the parties.

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.

Stages of the procedure

It will not be possible to quickly cancel the order to reduce the number of employees. This procedure consists of the following steps:

Creating a new order that cancels the previous one. If, according to the initial order, several employees had to be fired, then there is no need to draw up a separate order for each. One document listing all employees will be more than enough.
Drawing up notices of cancellation of the previous order, as well as that the notices associated with it have been withdrawn. Employees are notified only in writing. Notices must be delivered against signature to each employee specified in the order.
Familiarization of employees with the new document. This action is necessary so that each employee knows about his place in the enterprise and about all the changes that affect his position. If the employer refuses to familiarize his employees with the document canceling the layoff, then they have the right to apply to the judicial authorities with a corresponding claim within a month. In addition, if changes are made to the work schedule of people subject to dismissal, then this should also be reported to everyone mentioned in the order.
Notification of the Trade Union and the Employment Center, provided that they were previously notified of the upcoming staff reduction.

Before the reduction order expires, it can be canceled. If employees have already been given notices of dismissal, then new ones should be issued, drawn up in accordance with the latest document.

Features of delivery of notice

An employee of an organization who has received notice of a reduction in his staff position is not considered dismissed. His dismissal is carried out only if there is an order signed and certified by the seal of the personnel service of the enterprise. Only in this case can a corresponding entry be made in the employee’s work book. The employer has every right to demand the return of a previously issued notice of layoff if it becomes possible not to carry out this procedure or if there are no grounds to dismiss a certain employee.

To avoid misunderstandings and ambiguous situations when delivering notices, a certain procedure should be followed. It includes the following steps:

An employee who is subject to dismissal due to a reduction is given a notice of cancellation against signature.
The employee signs two copies of the document, one of which is kept in the person’s personal file.

If for some reason the employee refuses to sign the notice, then a corresponding act of refusal is drawn up in front of two witnesses. It is also entered into your personal file. It should be noted that in such a situation, the employee loses the right to demand payment and special compensation payments due to the redundant employee. If this person still wants to sever his employment relationship with the organization, then he will have to either write a statement of his own free will, or ask the employer to draw up a dismissal order by agreement of the parties.

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.

Sample notice of layoff

Notifying the employment center about layoffs if the layoff is cancelled.

The employer's obligation to notify the employment service in the event of layoffs of employees is established in paragraph. 1 item 2 art. 25 of the Law “On Employment...” of April 19, 1991 No. 1032-1. The same norm establishes the deadlines for sending such a message indicating the positions, professions, specialties, qualification requirements, conditions of remuneration of all laid-off employees:

if the employer is a legal entity - no later than 2 months;
individual entrepreneur - no later than 2 weeks before the upcoming layoff;
in the event of an upcoming mass layoff of employees (no matter the organization or individual entrepreneur), notification is sent no later than 3 months before the date of the event.

If the employment center was not notified of the layoff of employees before the decision to cancel the procedure was made, there is no need to send a notification, since the dismissal of employees will not be carried out.

The law does not provide for the obligation to notify the employment center about the cancellation of the process of layoffs, therefore no liability is provided for failure to notify. However, we recommend notifying the employment center about canceling the procedure for laying off employees if a notice of layoffs was previously sent to the employment center.

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.

Some nuances

Each case is individual, and even in judicial practice there are different answers to similar questions. Let's look at the main common problems:

Circumstances	Solution
The employee has found another job and wants to quit without working.	There are two options: either negotiate with the manager and speed up the reduction procedure, or write a letter of resignation of your own free will.
There were errors in the documents (primary orders)	The current administrative document is canceled and a new one is issued in its place.
The decision to cancel the reduction occurred after the staffing table was changed, and the dismissal occurred ahead of schedule	An employee can be reinstated only 6 months after the date of entry in the work book. When the staffing table changes, it is changed again.

Important! Termination of an employment contract before the termination date occurs with the written consent of the authorized manager. At the same time, the employee is paid compensation, which is calculated based on the average level of earnings in proportion to the remaining time until the planned dismissal.

The issue of reduction is fully covered in Article 81 of the Labor Code (edition 88 of 12/31/2017), the new edition of 02/05/2018 is now relevant. The reduction procedure was not subject to revision or change; it complies with.

When can you cancel a reduction?

the employer’s inability to pay monetary compensation to resigning employees. There are situations when, due to economic difficulties, it is easier for the director of an enterprise to continue paying employees regular wages than the monetary compensation due during layoffs;
after a while, the employer has the opportunity to transfer some or all of the dismissed employees to other positions with subsequent preservation of wages;
changes in the staffing table, as a result of which the staff was increased, which made it possible to keep employees in their places;
detection of errors or erroneous data that were previously published;
the decision to reduce staff was made by a person who does not have the necessary authority.

It is important to know!
The employer may decide to cancel the reduction even on the last day, that is, before the actual dismissal of employees. At the same time, the legislation does not oblige the director of the organization to indicate the reasons why the procedure is cancelled. Employees who have received notice of dismissal, after its cancellation, cannot demand that the director of the company carry out the dismissal procedure for redundancy with the subsequent payment of monetary compensation. In such a situation, termination of the employment contract can be carried out at the request of the employee himself or by mutual agreement between the parties. It is worth considering that the agreement on early dismissal concluded between the parties loses its legal force after the reduction is cancelled.

Read on the topic: Dismissal due to staff reduction - judicial practice

Read on topic: Reinstatement after layoff