Hello Sirs,
My name is Lalitha and I am working as a Manager HR in a software company which is 100 employee strength. I need your help in one issue.
Actually one of my employee resigned because of her personal peroblems and relieved 3 weeks before. All the relieving formalities has been done and informed to Finance and operations department. But now the problem is that she wants to join us again and we are also interested of her rejoining as she is very good in her work and dont want to loose such a good performer. But she is requesting that the period after her relieving should be treated as leave on loss of pay and want to continue as an exisitng employee instead of rejoining as a fresh employee as there will be break in her experience and seniority. Is that would be possible legally.
I request you all to give me your valuable suggestions as I need to clear this issue withing no time and need to inform to my management.
Awaiting for your reply.
Thanks & Regards,
Lalithaj :)

From India, Hyderabad
No problem three weeks can be adjusted as you are willing to retain same employee and his full and final settlement has not been done in the books of accounts.
This isnot complicated case its simple adjustment of your register of leaves and roster.

From Saudi Arabia
This is simple case of adjesting records of leaves and muster roll. Since you have not relieved and his full and final account has not been settled on record and entries have not been passed into books of accounts it is possible to revert back to adjustment of leaves for gap in service.

From Saudi Arabia
Hi Lalitha

As per your description it seems to me that your company is not that big… but let me take it case by case

Case 1

Employee Joins and you consider her absence as Leave without pay

In this case you first need to take the permission from the management, which I think you already have so that would not be an issue. You need to ask accounts and operation to reverse all the process and processings, which I think, would be a tedious as well as a little complicated also. On the other hand if you will consider this kind of request you are not putting a good incident in front of your employees as many of them can leave your company by giving some personal reasons and will come back whenever they want… Where as all this should not happen in a company as it sets a very bad trend for the organisation.

Case 2

Employee Joins and you consider her as New Joinee

This is the correct procedure one should follow…. Treat her as a New Joinee with all fresh records and explain her your constraints behind that and assure her that this formality will not affect perception which company has formed for her …

I think making her join like a New Joinee will not have so much of problem:)

From India, Mumbai

Hi Lalithaj,

Appreciate the response of Pankhuri..which is the right way of looking at the situation as faced by your organization.

Indeed it is a good practice to re-hire ex-employees if there are no issues related to non –performance or work related issues.



From India, Pune
Dear Lalitha,
Please see the interest of management for an employee,
If she joined as a fresher,the following benefits to the organisation:
1.Gratuity period will be matured later.
2.She will be on probation for six months(or as per company policy) employer have right to terminate her easily.
3.Seniority in working,other juniors can take advantage of their working period as a seniors than her.
4.CL/SL to be less than other option.
If she considered on leave without pay:
The options given above will be in negative direction.
conclusion: You can appoint on consideration of leaves without pay for absentism.
Best Regards
Sajid Ansari-Delhi

From India, Delhi
Dear Lalitha,

I am sure enough guidance has already given by some experts above.


1. This is a good senario for you to introduce the concept to the management of gestation period which we used to follow in my company. Always have appx 1 month gestation period after an employee resigns. This gives space for employees to analyse their own decision, which at time maybe a wrong one.

2. During Gestation, the only settlement is made is current months salary. Other benefits after a month. Employees will cry and growl on this. But this is for both employees and employer benefit.

3. Besides, the company will save its ressources and time if you employee and old employee than a new employee. You know the parable, "A prodigal son had more love than the one who was with father all the time for abvouse reasons".

4. Financialy, if no settlement has been done then there is no hassel at all. But otherwise, the only option will be re-appointment. (Financial experts pls advice if I am correct).

5. Obviously the employee in this case wants to save the months that was lost during absence, which cannot be given if settlement has been made and this would be a lesson for her in future. But if no settlement done, then as an employee welfare gesture the management should allow the request for the employees, which will give a good feeling for all other employees especially good workers who are pilllars of the organisation. Ofcourse, bad workers may take advantage of this, but HR is there to take care of them. :)

6. Pillars of organisation and honest Employees should be rewarded and all stone should be turned for their well being, on which all great company strives.

7. Its much profitable to retain and pamper some good employee then lose them and keep training and spending our time and hours on training new employees.



From Saudi Arabia, Riyadh
Considering the information provided and assuming that the employee's resignation is accepted through proper channel and is separated from the company. It is not healthy as well as possible for the Company to accept his withdrawal of resignation and to re instate him in his own position and further treating the period of absence as leave.

There is also a need to relook into the need for engaging the employee in case he/she is possessing exceptional knowledge/skills that are rarely in the market.(Justification should be noted).

In case, it is compulsory to reinstate him definately there should not be any continuity in the service and he needs to be treated as the junior most in the grade while considering him for promotion to next grade. Because in case the employee is reinstated along with the seniority in the grade, the same may demotivate the loyal employees.

However, what I strongly feel is that reinstating the resigned and rellieved employee after reasonable time may become a precedent for other employees to go for a trial and error method for better appointments elsewhere and without any fear of lose of current job. Without saying the HR is sending a wrong message to the employees that the company is at the mercy some of the employees and they are at their free will of entry and exit.

From India, Delhi
Dear Lalitha,
As requested by the employee she may be taken back into the service of your organisation, since you did not settle her final accounts. When she wants to come back and your organistion also willing to take her on account of performance, nothing is wrong to treat the absence period of this employee as leave.
By treating the said period as leave the employee will get the benefit of continuity of service so that for the purpose of payment of gratuity etc. More over, if you consider her case symathitically, she may be more loyal to your orgnnisation and render her services to your organisation considerably for longer period.

From India, Hyderabad
i fully agree with pankhuri.take her as new employee rather then setting wrong president in company and this type of decision also link to company culture and policy so we have to be more consious.
Talk with her and explain the reason for doing this.

From India, Ahmadabad

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