[Direct answer]In the Beijing area, the employer may withdraw the notice of termination before it reaches the worker; once the notice of termination is delivered to the worker, it generally takes effect, and the employer is not allowed to unilaterally withdraw it. According to the provisions of the Civil Code of the People's Republic of China on declarations of intent, declarations of intent made in the form of a dialogue take effect immediately, and declarations of intent made in non-dialogue forms (such as emails and written notifications) take effect when they reach the counterparty, and can be withdrawn before they reach the counterparty. The key point is whether the notice has been delivered. It is recommended that workers promptly fix the evidence of the delivery time after receiving the notice of termination. For more details, please refer to the following link:Labor arbitration and work-related injury compensation services.

1. Problem background and typical scenarios

After many units send layoff emails or notifications, they find that the employees' performance is still acceptable or that there is a shortage of staff, and they want to "retract their decision". Typical scenarios include: HR mistakenly sending a termination email and immediately withdrawing it; verbally announcing the layoff via WeChat and then retracting it the next day; requiring the return of a paper notification before it is signed; and generating a termination notice in the electronic system but not yet pushing it to the employees. All of these situations revolve around a core issue - whether the termination notice has been "delivered", and the legal consequences are completely different before and after delivery. For electronic contracts, the effectiveness of the contract can be combined with the relevant provisions of the Civil Code to determine its legal effect.Business and contract dispute services for enterprises.

II. Key points of contention

There are three main points of contention. Firstly, regarding the delivery of notifications: Paper notifications are deemed delivered upon receipt, while electronic notifications are considered delivered when they arrive in the recipient's email inbox or instant messaging account. System-generated notifications that have not been pushed out are generally not considered delivered. Secondly, regarding the withdrawal window: Notifications of withdrawal must arrive before or simultaneously with the termination notice. Late withdrawals are invalid. Thirdly, regarding worker reliance: If an employee has already sought new employment or asserted rights based on the termination notice, the employer's subsequent withdrawal of the notice may lead to new disputes. In judicial practice in the Beijing area, the determination of electronic delivery is becoming increasingly clear, with notifications taking effect upon arrival. For subsequent enforcement matters, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on practical experience, the key to revoking a withdrawal lies in the "time difference". According to the provisions of the Civil Code on expressions of intent, non-dialogue expressions of intent take effect when they arrive, and can be withdrawn before they take effect, but not later than the arrival of the original expression of intent. Hengluo Lawyers remind: Units often mistakenly believe that "emails can be withdrawn before they are read", but the law takes the "arrival at the server" rather than "reading" as the effective point. The withdrawal must be completed before arrival. For workers, if they have received and relied on the termination (such as having already applied for a job), they can claim that the unit cannot arbitrarily retract its decision, and even demand compensation for the losses incurred as a result. For issues involving employment compliance, they can seek assistance from relevant departments.Special services and other case-related services.

IV. Practical suggestions and legal basis

The core basis is Article 137 (Effective Time of Expression of Intention) and Article 141 (Withdrawal of Expression of Intention) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the relevant provisions of the Labor Contract Law of the People's Republic of China on the notice of termination. Practical advice: If the employer truly needs to withdraw the notice, it should issue a withdrawal notice in an equivalent or more preferential manner before the notice arrives; after receiving the notice of termination, the employee should take a screenshot, notarize it, or keep the delivery receipt to fix the effective time point; and fix the communication records of the withdrawal dispute in a timely manner. For issues related to the compliance of service delivery, it can be combined with other relevant provisions.Beijing Hengluo Law FirmSpecial assessment.

5. Hengluo Law Firm's Reminder

For workers, once the notice of termination is delivered, it will have legal effect, and the employer cannot withdraw it at will. If you have suffered losses as a result, you can claim corresponding compensation rather than passively accepting the withdrawal. It is recommended not to verbally accept "it's okay", but to require the employer to issue a written document revoking the termination or continuing to fulfill its obligations. For employers, it is necessary to exercise extreme caution when issuing a termination notice, to avoid being trapped in a passive situation where the notice cannot be withdrawn after being mistakenly issued. The statute of limitations for arbitration is one year. For further clarification, please refer to the relevant provisions.Labor arbitration and work-related injury compensation services.

VI. Frequently Asked Questions

Q1: Can I withdraw the dismissal notice issued by my employer if it hasn't reached me yet?

Before the notice of termination reaches you, the employer may withdraw it, and the withdrawal must be no later than the arrival of the original notice. Once the notice is delivered (the email arrives in the account, or a paper copy is signed for), the termination takes effect, and the employer is generally not allowed to unilaterally withdraw it. In practice, many employers mistakenly believe that "they can withdraw it if the employee hasn't read it", but the law considers the arrival of the notice, rather than the employee's reading it, as the effective time point. Therefore, withdrawing the notice after it has arrived is usually invalid.

Q2: How can I prove that the notice of termination has been delivered or not?

The key point is to ensure the fixed delivery of evidence: paper notifications shall be based on the receipt slip and express delivery track; electronic notifications shall be based on the email sending and receiving records, instant messaging delivery receipts, and system push logs. It is recommended that you immediately take a screenshot and save the original carrier after receiving it, and notarize it if necessary. If the unit claims that the notification has been delivered but there is no record, or you can prove that the notification is still in transit, it will directly affect whether the withdrawal is effective.

Q3: Is it expensive to hire a lawyer for cases involving delivery disputes?

Labor arbitration does not charge case acceptance fees; attorney fees are negotiated by law firms and charged on a per-case or percentage-of-the-case-value basis, subject to the contract of engagement. There is no nationwide standard pricing for such cases. The subject matter of such cases is often based on compensation or wage losses. It is recommended to conduct a one-time legal assessment of the service delivery time to clarify whether the fees include litigation costs, and then decide whether to engage a lawyer.

Q4: How long does it take from the occurrence of a withdrawal dispute to its resolution?

If the case proceeds to arbitration, it shall be concluded within 45 days from the date of acceptance, with an extension of 15 days for complex cases; for the first-instance ordinary procedure of an appeal against a judgment, the time limit is six months, and for the simplified procedure, it is three months. The time of service often requires verification of evidence such as emails or express delivery records, which may result in a slight extension of the time limit. Overall, the process usually takes several months to a year. It is recommended to fix the evidence of service as soon as possible and assert claims within the one-year arbitration statute of limitations.

Q5: The company said they want to withdraw the dismissal notice. What should I do first?

There are four steps of advice: First, confirm whether the notice of termination has actually been delivered, and keep the email, receipt, or system records; Second, if it has not been delivered yet and the unit claims to withdraw it, require them to confirm in writing that they will continue to perform the contract and revoke the original notice; Third, if it has been delivered, the unit has no right to unilaterally withdraw it. You can claim to terminate the contract that has already taken effect and seek compensation as appropriate; Fourth, when the dispute is unclear, entrust a lawyer to fix the evidence at a specific point in time.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.