Question

Николаев предъявил иск к фабрике о восстановлении на работе, поскольку считал свое увольнение неправомерным. Он пояснил, что 05.09.05 он подал заявление об увольнении по собственному желанию, а 11.09.05 вновь обратился к администрации и сообщил, что отзывает свое заявление об увольнении. Однако администрация отказала ему в этом, сославшись на то, что 10.09.05 издала приказ об его увольнении. Правомерно ли увольнение Николаева?

Answer 1

Ответ:

нет не правомерно слишком разные даты постоянно

Answer 2

Background Information

Nikolaev filed a lawsuit against the factory seeking reinstatement, claiming that his dismissal was unjustified. He explained that on September 5, 2005, he submitted a voluntary resignation letter, but on September 11, 2005, he approached the administration again and informed them that he was withdrawing his resignation. However, the administration refused, citing a dismissal order issued on September 10, 2005.

Analysis of the Situation

To determine the legality of Nikolaev's dismissal, we need to consider the sequence of events and relevant labor laws. It is important to note that labor laws can vary by country, so the specific laws applicable to this case may depend on the jurisdiction.

Based on the information provided, Nikolaev initially submitted a voluntary resignation letter on September 5, 2005. However, on September 11, 2005, he attempted to withdraw his resignation. The administration refused his request, citing a dismissal order issued on September 10, 2005.

Legal Considerations

In many jurisdictions, once an employee submits a voluntary resignation letter, it is generally considered binding unless the employer agrees to withdraw it. However, there may be exceptions or specific circumstances that could affect the validity of the resignation or the employer's obligation to accept its withdrawal.

To determine the legality of Nikolaev's dismissal, it would be necessary to examine the labor laws and regulations applicable to the specific jurisdiction where the factory is located. These laws may outline the procedures for resignation, withdrawal of resignation, and dismissal, as well as any relevant timelines or requirements.

Conclusion

Without specific information about the jurisdiction and the applicable labor laws, it is not possible to definitively determine the legality of Nikolaev's dismissal. It would be advisable for Nikolaev to consult with a labor law attorney or seek legal advice to understand his rights and options in this situation.

Please note that the information provided is based on general principles and may not apply to the specific circumstances of this case. It is always recommended to consult with a legal professional for personalized advice.