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Thread Started by #lalithaj

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 :)
5th July 2009 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.
partho
5th July 2009 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.
Regards
partho

5th July 2009 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:)


5th July 2009 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.

Regards,

Rajat
5th July 2009 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
5th July 2009 From India, Delhi
Dear Lalitha,

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

Suggestion:

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.

Regards,

Ukmitra
5th July 2009 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.
5th July 2009 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.
NVRao
Hyderabad.
5th July 2009 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.
5th July 2009 From India, Ahmadabad
Dear Lalitha,
As the employee had been relieved 03 weeks earlier and now she wants to rejoin. She may be allowed to rejoin in the same position and salary but not as a continued employee, rather should be taken on roll with effect from date of resumption of her duties.
As it was her own decision to get relieved and for rejoining, she should be given a fair chance to serve the same employer but not on her conditions.
As she is being given a chance to rejoin, this should not affect the Organisational atmosphere and should not be given other employees the chance to repeat the same.
Rest is discretion of your management.
Thanks
Amit Anand Gera

6th July 2009 From India, New Delhi
Madam,
It is not a problem from our HR side. You please see about her past records in service and get opinion about her rejoining with Management(Deciding authority) and her previous head of the department/teamleader/project manager.
If everything is ok, then you issue a letter to her that her rejoining request has been accepted by the management and let her continue in service. Then on her joining keep her on the same roll number and pf/esi number by treating the gap period as leave without pay.
6th July 2009 From India, Madras
Dear Lalitha,
Even I have come across the same situation. One of our employee joined, not even a month, he went on leave for 2 months giving some personal reason. Later he joined after two months But we informed him and we did not considered his previous date as joining date.
chitra
6th July 2009 From India
Dear Lalitha
I support all who are in favour of smooth comeback and rejoining of ex-employee.
Employee was good performer and coming back....is really a good news, you will save hiring cost also a big cost of training and capacity building. A new employee will take at least 4-6 months to understand the system and work culture but she will readjust in 2 to 3 days. A major difference between Govt. machinery Corporate is flexibilility of policy, so I do not think giving her green signal for leave adjustment and rejoining is a problem. Also, I do not think accounts and operation have to take any pain for reversal of the process.
Create an example and make it loud, so that other employee will have this assurance that company support good employee.
6th July 2009 From India, Delhi
hi
i believe that the employee should be taken up again as a new employee. As the employee had left the employment for personal reasons.
of course retaining old employees is important and necessary, but it can not set a very good example for others, and will tempt the others also to think that anything and everything can be done in the company. moreover the company has its own rules and regulations which are to be followed and they cannot be made for each and every person according to his/her accquaintances.
the employee may be a good one and may be the organisation also requires the employee but once she has resigned, and left, she cant expect to be employed in the same company in continuity.
6th July 2009 From India, Pune
Its not possible to adjust. but you can take her as a new employee by doing all joining formalities. Bhimrao Gadade Assist.Manager - HR 9766711556
6th July 2009 From India, Pune
hi all,
This same incident happened in our office, a resigned staff came back after 2 months to reconsider his resignation. We decided him to continue only as a new staff (except pf number remains the same) rest of all (emp ID,.......) bears the new, and salary remains the same. Hence my suggestion would be to continue as a new staff and teach other staff that our company is best rather than the rest.
Create this feel i beleive staff will know to take a right decision amid of wandering mind.
Thanks
Sundar
6th July 2009 From India, Madras
In this particular case you can rehire the separated employee for the same position that she held while she left. This should go fairly well with the employee and her coworkers. ( a demotion or a promotion is definitely not recommended).
However in the long run to provide clarity on such issues its better to have a policy in place which will clearly define the conditions under which rehire would occur, the cool off Period and other such details. This will ensure Standardisation and also makes things more transparent and acceptable to all stakeholders.
These details should form part of your Lateral Recruitment Policy Document. For any queries on Policy Formulations do feel free to contact me.
Regards,
Girish.S.
6th July 2009 From India, Delhi
Dear Ms Lalitha
Greetings
Good to know the usage of the cite. I share my thought:
-there is no bar for rejoining.
-if the employee concerned is worth retaining, the intervening period may be adjusted as leave without pay.
-legally this is valid.
Best wishes
Sincerely
Narendera K Gupta
ex VP HR
Senior Group of Companies
Nirmal Chhaya
Flat No.182 Gf
Pocket D 6
Sector 6
Rohini
Delhi 110085.
M 9810685704

7th July 2009 From India, Delhi
If u are confident on her performance, just take her in..... nothin else matters. Its good to retain the costliest asset of any company — The PEOPLE
7th July 2009 From India, Bangalore
Forgive & forget always pays back in long term. Just allow her to join as per her request as long as you and your management feels that her working in the company is good for the organisation. Do not worry too much about setting a wrong precedent. Just take decision that your company needs her back or not. If yes then do it in most positive manner. She should not feel that she has been victimised otherwise whole purpose of hiring her back is gone. If your comapny dies not want her then say god bye to her.
Vinod Jain
7th July 2009 From India, Mumbai
Dear Lalitha,

Carefully going through your predicament, on rejoining employee(s) after his/their resignation. I have the following remarks and recommendations:

1. Your employee, has tendered his resignation and duly approved by the management. It is understood that all legal protocols have been observed. All parties are free from legal obstacle. Since, the finance and operations department's assignments were done.

2. Refer to your manual, re: rejoining of employee..... do you have any policy on this matter? If yes, you don't have anything to do but just apply it. If none, then you can not act alone at your own volition. Hence, you need to formulate a policy that deals on this matter and approved it by the management. For the meantime, the employee must wait.

3. Assuming that you don't have policy on this matter. Always put in your mind the safest way is follow the law so as not to compromise the employee much the employer, especially, you don't have existing policy on this matter and you can not predict the consequences in the future.

4. When the employee resigned... and approved by the management..... that terminated the relations of the employer and the employee, except, the monetary obligations that a unilateral action by the employee to collect is required. Therefore, should the employee wishes to join the company (again). The employee should go through the normal procedure of applying and follow the stages of your recruitment policy. He wil join as new employee.

5. As you mentioned, the employee was the one setting the conditions of his coming back. This situation, you are unaware that the employee is digging hard to put himself in a solid ground, this is a very treacherous legal maneuvering which is prejudicial to the interest of the management.

6. Stay on the safest road, no policy of rejoining, create a policy. Put away the company and the employee for any future legal arguments.

Best wishes.

Dr. Dionicio D. Viloria, SPHR

Sultanate of Oman
7th July 2009 From Oman
I am agree with tpankuhuri suggestion, In case a person will rejoin ur organisation, its good for organisation and as well as a staff . first U get consent from top management n instruct to staff concerned of account reverse the account.
8th July 2009
Yes this could be done. As this is internal issue, if management wants the same, the resignation letter could be rejected, and if accepted, the relieving letter could be withdrawn. This is not a major issue at all
8th July 2009 From India
I agree with all the seniors given thier suggestions. But we have to think other side. If she wants to re join with original date of joining means please verify weather the employee is pregnanent. Because, As per the rules of maternity benefit she will be eligible for the same.
8th July 2009 From India, Hyderabad
Dear
No harm would be caused by taking her back.For Company policy many of the views expressed is for being tough.But take the call of your CEO.Humanism plays a major part.Imagine she is saving your 8.33% recruitment cost.
rajanassociates
9th July 2009 From India, Bangalore
Though it will be good to re-recruit a resigned employee, pl verify reasons for resigning thoroughly as the employee is returning in 3 weeks. If reasons are genuine it is worthwhile to treat the off peiod as leave.
Kannan
10th July 2009
Dear All!
I fully agree with Ms. Latika and I appreciate her way of solving this case. By this discussion I got added advantage as now I am working on Human Resource management System and complete manual policy for a company and I was little bit confused about the same issue.
Kind Regards,
Asha Kiran
10th July 2009 From India, Pune
We can give rejoining but question arrived when Income Tax computation, PF Yearly Returns and Giving ESI/PF number need to give same or different.
7th September 2009 From India, Bangalore
Hi All, I agree short span can be treated rejoining on LOP. What if the employees rejoins after 2 - 3 yrs? Should we consider as fresh joinee? Let me know your thoughts? Thanks Sirisha
21st April 2010 From India, Hyderabad
Can some one suggest me something as i am in a situation wherein an ex employee went on approved leave on friday and dint come to office on monday wherein as per policy i marked sandwich leave in his attendance and after he got to know about the same he left the company on Tuesday when he Reached office.
and now after 3 Months he sent an email requesting if he can re join us.
Please suggest..
28th June 2019 From India, Bangalore
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