Business Development, Employee Relations,
Hr & Administrative Manager
Soical Compliance Auditing
Hr Manager, Mytec Software Pvt.ltd.
Hr Consulting ,trainer -creative Thinking
Hr Student - Learner
Human Resource Management
K V SATISH KUMAR
Training & Development
Power Gen,trans & Distribution
This isnot complicated case its simple adjustment of your register of leaves and roster.
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.
5th July 2009 From Saudi Arabia
As per your description it seems to me that your company is not that big… but let me take it case by case
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.
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
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.
5th July 2009 From India, Pune
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.
5th July 2009 From India, Delhi
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.
5th July 2009 From Saudi Arabia, Riyadh
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
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.
5th July 2009 From India, Hyderabad
Talk with her and explain the reason for doing this.
5th July 2009 From India, Ahmadabad
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.
Amit Anand Gera
6th July 2009 From India, New Delhi
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
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.
6th July 2009 From India
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
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
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.
6th July 2009 From India, Madras
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.
6th July 2009 From India, Delhi
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.
Narendera K Gupta
ex VP HR
Senior Group of Companies
Flat No.182 Gf
Pocket D 6
7th July 2009 From India, Delhi
7th July 2009 From India, Mumbai
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.
Dr. Dionicio D. Viloria, SPHR
Sultanate of Oman
7th July 2009 From Oman
8th July 2009 From India, Hyderabad
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.
10th July 2009 From India, Pune
and now after 3 Months he sent an email requesting if he can re join us.
28th June 2019 From India, Bangalore