Jeevarathnam
Sr. Manager Hr/admin
Ankita1001
Sr. Hr Executive @ Polymerupdate
Loginmiracle
Consultant & G.m.
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Dear Sir.
Any formalities are there to rejoining to the Job. If it is there plz suggest me.
(In our company 1 person resign before 2 months, now want to join again here & we settled all his dues as per company rules)
Plz help me in this regards.
Manju

Hi Manju,
There are lot of factors that would play into this -
Your company policy - Do your company has a policy of hiring back the employees who have left you? If so is there any time frame like if a person has resigned from our services, s/he can't rejoin us for a minimum period of X years?
What was the reason for resignation?
What is his track record and his performance?
What does his supervisor or line manager has to comment about this?
These are a few of the important points that need immediate attention before further processing the query.

In addition to what Ankita suggested for making up your mind to hire back an employee who has resigned from your company, if you have decided to rehire him, it is prudent to treat him as fresh employee since hid F& F has been settled and his earlier relationship with the company has been completely severed and subject him to same joining formalities as in the case of a fresher probably exempting from back ground check .
B.Saikumar
HR & Labour Law advisor
Mumbai

Hi. Ms. Manju
As others advised you should follow and apart from that if there is any re-appointment then you shall not issue the same existing Employment number (Role Number) and PF or ESIC Numbers. Should allot new numbers only.
Regards

------------
Could you please enlighten us what would be the fate of the rejoined's PFPension, could it be made as a continuing service by some method, say compensating the contribution for the broken months by him ? Supposing the Employer is willing to consider his 'break' as "dies non" or "LWP" or extraordinary leave etc. ?
Formalities would really mean those addressed to these possibilities ??!!
Above all have you decided to take him either as a fresher or somewhere in between ?
kumar.s.

Yes. The issues are pertinent to be considered, if an ex-employee is re-hired by the same company as a fresher after short lapse of time.My views on this issue are as under .

1) When an emlployee has submitted his resignation and the same has been accepted and all his dues have been settled and paid, his contract and the employer-employee relationship with the company comes to an end for all intents and purposes.When the company decides re-hire him after a short of laps eof time, I would recommend to the company to treat him as fresher for the following reasons.

i) If the intervening period is treated as leave without pay to allow him contnuity, it will have implications on gratuity as his past servcie will also count for gratuity. What if the employee again leaves the company after a year wilh gratuity in disregard of the generosity of the employer.This may also send a wrong message to other employees.

ii) Even if the employer is willing to treat the period as LWP or a break and is willing to pay contributions for the intervening period, it may raise technical questions within the frame work of the provisions of the Act an dthe schemes.

In terms of Sec.6 of the P.F Act , the P.F contributions shall be paid on basic wages + Dearness allowance etc. Sec.2 (b) of the P.F Act defines 'basic wages ' as all emoluments earned by an employee while on duty or on leave with wages. When an employee is on LWP, he does not earn any wages and when he does not earn any wages, how he can pay contribution. Even assuming that the employer is too generous to pay him salary for the two months out of grace and good will, such salary cannot be deemed to have been earned by the employee while on duty and therefore it is difficult to fit such payments within the purview of Sec.2(b).

Again even assuming that the employee has two months leave at credit at the time of resignation and the employer is willing to treat him to be on leave with wages, then questions will be raised by P.F for delay in depositing the contributions which may attract interest and damges etc under the provisions of the Act. This is not to speak of adjustments in records and relevant registers and returns etc as the employer has to do lot of explaning before the P.F authorities.

The question is whether all this trouble is worth taking for an employee who chose to leave the comapny and probably re-aproached the company when he has no options left for him in the market.(It is not clear from the post wherget the comapny has aproached him with any offer.)

iii) Thirdly, if an employee who is a mmeber of the P.F scheme, leaves a company and joins another company covered by the P.F Act , he can be readmitted to the benefits of P.F and pension as per the provisions of the P.F Act and the schemes tehreunder. Thus his rights to P.F and pension benefits are protected by the Act even if he is treated as fresher in the same company.

These are my views.Nevertheless, in private sector, the employer enjoys boundless discretion in matters of emploeyr-employee relationship and can very well treat the intervening gap as leave or leave without pay but bearing in mind the above issues.

B.Saikumar

Mumbai

Treat him as a new employee with new code number,EPF number.ESI number can be the same.His previous EPF a/c canbe closed or transferred to new Number. Varghese Mathew
Hi Ankita,
Thanx for your valuable reply..
01) What was the reason for resignation?
He is in financial problem
02) What is his track record and his performance?
He is working here from last 15 years.
So, our Boss also agreed his rejoing, But documentation purpose am asking this. Thanks a lot.
Regards,
Manju


Dear Sir,
Thanks for your valuable reply. he is having some financial problem, so he resigned & took all the settlement. now again he want to re-join.
really am very happy to recv your reply. It's very valuable for us. once again thanks a lot sir.
Regards,
Manju

Kumar Sir, Thanx for your reply. its helpful to me. Regards, Manju
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