Hi all,
Need your help!!!!!
There is one of the employee who was terminated because of some mis-communication but however he met with an accident and he has joined back after 1 month and submitted all the medical documents.
What would be the formalities from HR prospective, should I take him as a rejoinee and reissue the documents like offer letter, appointment letter etc.
or should I take back the termination letter or there is any particular format for rejoining.
What should be the action from Hr prospective?
Thanks
Kriti Gupta
From India, Delhi
Need your help!!!!!
There is one of the employee who was terminated because of some mis-communication but however he met with an accident and he has joined back after 1 month and submitted all the medical documents.
What would be the formalities from HR prospective, should I take him as a rejoinee and reissue the documents like offer letter, appointment letter etc.
or should I take back the termination letter or there is any particular format for rejoining.
What should be the action from Hr prospective?
Thanks
Kriti Gupta
From India, Delhi
Hi Krithi
Whether he was releaved from his duties after termination? All his dues were settled?
If yes then you should issue re-appointment only.
There are many criteria you should look into for continuing as existing employee.
As he will be applicable for gratuity from the day he joined etc.
From India, Bangalore
633Whether he was releaved from his duties after termination? All his dues were settled?
If yes then you should issue re-appointment only.
There are many criteria you should look into for continuing as existing employee.
As he will be applicable for gratuity from the day he joined etc.
From India, Bangalore
Hi,
Thanks for your reply.
He was terminated, his dues were not settled but he has already joined back the organization.
Let me tell u in detail: the employee joined in march, he absconded in July and termination was sent and then he has joined back in August after 15-20 days.what formalities are required to be done now...
Kriti Gupta
From India, Delhi
Thanks for your reply.
He was terminated, his dues were not settled but he has already joined back the organization.
Let me tell u in detail: the employee joined in march, he absconded in July and termination was sent and then he has joined back in August after 15-20 days.what formalities are required to be done now...
Kriti Gupta
From India, Delhi
Hi Krithi,
It should be treated as a new joining only.
As stated by Jeeva, the gratuity will be applicable if you do not treat it as a new joining.
Other paramters which will be affected - Annual variable pay, his increment cycle, etc.
Also, imagine a situation where you have no idea what the person was doing for 1 month apart from the medicals that he submitted. If he was involved in any illegal activity, you will also be entangled into the plot because you are confirming his employment for that 1 month period. A hypothetical situation, but still plausible.
Regards,
Ramesh
It should be treated as a new joining only.
As stated by Jeeva, the gratuity will be applicable if you do not treat it as a new joining.
Other paramters which will be affected - Annual variable pay, his increment cycle, etc.
Also, imagine a situation where you have no idea what the person was doing for 1 month apart from the medicals that he submitted. If he was involved in any illegal activity, you will also be entangled into the plot because you are confirming his employment for that 1 month period. A hypothetical situation, but still plausible.
Regards,
Ramesh
since the dues were not settled, his relationship with the company is still held by a thin thread of pending dues. Since the termination is an act of the company and taken on the mistaken facts, it falls very well within it's discretion to recall such order. Since he joined in March and the termination was effected in July and re-joined in August, it has no big deal with regard to his gartuity. You can take a call in favour of the employee.
B.saikumar
HR & labour Law advsior
Mumbai
From India, Mumbai
B.saikumar
HR & labour Law advsior
Mumbai
From India, Mumbai
Hello,
There ought to been a process before termination of his employment.
If yes, what was it? "Mis-communication" suggests that he perhaps failed to let the company know about his whereabouts or the reasons for his long absence! I presume that the company made some efforts to know why has been absent for so long?
Whatever the process that was implemented. When he joined back, obviously the organization satisfied itself that he was a person worth being allowed to join back! What was the transaction between the company and the individual before he was allowed to join back? What was indicated to him then? Was he to "join" as a fresh employee or was he assured "continuity of employment" and his absence was treated as (though) long absence without pay but authorized by the company?
See there are many questions that need answers.
Be that as it may! That he has joined is a REALITY!
From HR point of view, I suggest you grant him continuity of employment, treat his absence as long but authorized absence without leave, extend his probation period appropriately and take an unbiased decision at the end of his probation period.
My decision, if was not already accepted in employment, would have been dependent upon answers to above and perhaps many more questions as absconding from employment is a serious matter and unless the organization is fully satisfied about the causes for his such conduct, there could be problems in future. Concessions or rewards that are unearned always carry a heavy cost to the organization which is seldom realized. But in the instant case the die is already cast and therefore I am suggested a dignified approach which is fair and transparent!
Hope this analysis helps!!!
Regards
samvedan
August 31, 2012
---------------
From India, Pune
There ought to been a process before termination of his employment.
If yes, what was it? "Mis-communication" suggests that he perhaps failed to let the company know about his whereabouts or the reasons for his long absence! I presume that the company made some efforts to know why has been absent for so long?
Whatever the process that was implemented. When he joined back, obviously the organization satisfied itself that he was a person worth being allowed to join back! What was the transaction between the company and the individual before he was allowed to join back? What was indicated to him then? Was he to "join" as a fresh employee or was he assured "continuity of employment" and his absence was treated as (though) long absence without pay but authorized by the company?
See there are many questions that need answers.
Be that as it may! That he has joined is a REALITY!
From HR point of view, I suggest you grant him continuity of employment, treat his absence as long but authorized absence without leave, extend his probation period appropriately and take an unbiased decision at the end of his probation period.
My decision, if was not already accepted in employment, would have been dependent upon answers to above and perhaps many more questions as absconding from employment is a serious matter and unless the organization is fully satisfied about the causes for his such conduct, there could be problems in future. Concessions or rewards that are unearned always carry a heavy cost to the organization which is seldom realized. But in the instant case the die is already cast and therefore I am suggested a dignified approach which is fair and transparent!
Hope this analysis helps!!!
Regards
samvedan
August 31, 2012
---------------
From India, Pune
very Well explanation for kritka’s questions. you did with humanity and what it would have been to the management also looked into. Nice answer mr.samvedan regards k.kailaasam
From India, Bangalore
From India, Bangalore
Dear Kirti,
Services were terminated under some mis-understanding whereas the employee had met with an accident which resulted into his absenting rom duty. It appears that his name must have been struck off the rolls for unauthorised absence from duty.
In case you have certified Standing Orders or you apply Model Standing Orders " If a workman absents from duty for a period exceeding 8 days without without prior permission or information he shall be deemed to have abandoned the services on his own accord and his name shall be struck off the rolls of the company. Provided he returns on a later date and explains to the satisfaction of the management his inability to have returned in time, he shall be taken back on duty and his period of absence shall be treated as leave without pay."
Once you/management is satisfied to the effect that the termination was mis-conceived (based on mis-communication) you may regulate this case accordingly, and there shall be continuity of service.
I hope this will be of help to you.
Regards
S.K.Johri
From India, Delhi
Services were terminated under some mis-understanding whereas the employee had met with an accident which resulted into his absenting rom duty. It appears that his name must have been struck off the rolls for unauthorised absence from duty.
In case you have certified Standing Orders or you apply Model Standing Orders " If a workman absents from duty for a period exceeding 8 days without without prior permission or information he shall be deemed to have abandoned the services on his own accord and his name shall be struck off the rolls of the company. Provided he returns on a later date and explains to the satisfaction of the management his inability to have returned in time, he shall be taken back on duty and his period of absence shall be treated as leave without pay."
Once you/management is satisfied to the effect that the termination was mis-conceived (based on mis-communication) you may regulate this case accordingly, and there shall be continuity of service.
I hope this will be of help to you.
Regards
S.K.Johri
From India, Delhi
Dear Kirti,
if your employee has come back at work then you should call him about leave in which he will mention that he was absent without information and you may just keep this leave in his personal file, and continue his service .
Rabir
From India, Coimbatore
if your employee has come back at work then you should call him about leave in which he will mention that he was absent without information and you may just keep this leave in his personal file, and continue his service .
Rabir
From India, Coimbatore
Dear Kriti,
Please clarify the following:
Need your help!!!!!
There is one of the employee who was terminated because of some mis-communication
What was the mis-communication??
Why was the employee's services terminated and when did this happen?
but however he met with an accident and he has joined back after 1 month and submitted all the medical documents.
Since he was already terminated, what relevance does the accident have?
The employee has submitted "Medical Documents"...in support of what and for period? Does it cover the period during which he was absconding?
What would be the formalities from HR prospective, should I take him as a rejoinee and reissue the documents like offer letter, appointment letter etc.
or should I take back the termination letter or there is any particular format for rejoining.
Please let us have all the relevant facts::
1. Why was the employee's services terminated.
2. When was he terminated and how was he told that his services have been terminated.
3. You say that he has already rejoined. How did that happen? He could not have just walked in and stared working.
4. Did he he make any request/ Of so, was that in writing? What was the management's response to his request?
5. Was the management satisfied about his explanation, if any, with regard to his period of absence?
Summarizing on the basis of assumptions, I would say:
1. The employee absented himself without information for some period of time.
2. The management terminated his services since they felt the employee was absconding.
4. Sometime later, the employee comes over and submits Medical Certificates in support of his absence and tell the management that he had met with an accident and therefore he could not report for work and also could not inform the Co. about his mishap.
5. The management allows him to resume work.
Under these circumstances, continuity of his service is in order and his period of absence may be treated as Leave Without Pay. As a proactive measure, if he has enough leave to his credit, he may be granted leave against such accumulated leave.
6. However, please issue a letter to him cautioning his not to repeat such dis-orderly conduct in future.
Best Wishes,
Vasant Nair
01493-516092
What should be the action from Hr prospective?
Thanks
Kriti Gupta[/QUOTE]
From India, Mumbai
Please clarify the following:
Need your help!!!!!
There is one of the employee who was terminated because of some mis-communication
What was the mis-communication??
Why was the employee's services terminated and when did this happen?
but however he met with an accident and he has joined back after 1 month and submitted all the medical documents.
Since he was already terminated, what relevance does the accident have?
The employee has submitted "Medical Documents"...in support of what and for period? Does it cover the period during which he was absconding?
What would be the formalities from HR prospective, should I take him as a rejoinee and reissue the documents like offer letter, appointment letter etc.
or should I take back the termination letter or there is any particular format for rejoining.
Please let us have all the relevant facts::
1. Why was the employee's services terminated.
2. When was he terminated and how was he told that his services have been terminated.
3. You say that he has already rejoined. How did that happen? He could not have just walked in and stared working.
4. Did he he make any request/ Of so, was that in writing? What was the management's response to his request?
5. Was the management satisfied about his explanation, if any, with regard to his period of absence?
Summarizing on the basis of assumptions, I would say:
1. The employee absented himself without information for some period of time.
2. The management terminated his services since they felt the employee was absconding.
4. Sometime later, the employee comes over and submits Medical Certificates in support of his absence and tell the management that he had met with an accident and therefore he could not report for work and also could not inform the Co. about his mishap.
5. The management allows him to resume work.
Under these circumstances, continuity of his service is in order and his period of absence may be treated as Leave Without Pay. As a proactive measure, if he has enough leave to his credit, he may be granted leave against such accumulated leave.
6. However, please issue a letter to him cautioning his not to repeat such dis-orderly conduct in future.
Best Wishes,
Vasant Nair
01493-516092
What should be the action from Hr prospective?
Thanks
Kriti Gupta[/QUOTE]
From India, Mumbai
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Termination-emp loyment_563.pdf
Termination letter.doc