Elakkiya Selvi
Dear All,
Greetings. I'm working in a private concern as HR executive. My management needs to provide revised offer letter for employees who have joined after maternity leave, who have put their notice ( resignation ) but decided to continue.
Is that advisable ? Pls guide.

From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
Hr.aastha
Manager-hr & Legal Compliances
+3 Others

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idealhr
16

It is not immediately possible until such circumstances arise or happen. Still there are chances in case of promotions and salary hikes.
From India, Bengaluru
udayasree
2

Hi, Not required for in this scenario.it happens , i.e proof of documents are provided on Salary hikes or change in joining date of new hires or Position change.
From India, Hyderabad
Aditi Badave
1

I think that is ok if the reason behind resignation was only salary hike or promotion. you need to check it.
From India, Mumbai
hr.aastha
1

Has the maternity leaves benefit been provided to the employee ?
if yes , then there is no discontinuty in her present employment, so there must not be any requirement for issuing an offer letter.
If the employee has resigned from the services-irrespective of what the resason would be , that is totally an employee's call- and as per the Legal Hr formalities his full & fonal settlement has to be done, now if the same employee again wants to rejoin the organisation, then he has to apply with a fresh candidature, and accordingly offer letter has to be generated.
It is better to close the previous history , when your ex- employee again wants to join you, by performing Full & final settlement formalities.and prefer to start with a fresh candidature, with a fresh offer letter.

From India, Jaipur
Elakkiya Selvi
Dear All, Thank you for giving me suggestions on the same. Now I could understand, when offer letter can be given, and it’s procedures.
From India, Chennai
bindushree.mohanty@yahoo.com
I am working in a Manufacturing unit in HR Dept. and company wants to revise the Offer letter including the changes in salary Break up for sales team. Salary will be in same figure but some variable portion will be there which solely would be Performance linked. Is it possible we can go for?
From India, Kolkata
Madhu.T.K
3790

An offer letter means a letter describing the terms and conditions of employment and is given or offered to prospective candidate and not to an existing employee. If you need to revise the terms and conditions of employment you have to give an office order describing the revised terms and conditions of employment. In the case of employees, ie, workmen category of employees who are covered by the Industrial Disputes Act, any change in the service conditions should be intimated to the them before 21 days of such change following section 9A of the said Act. The concerned workers can object to the changes and raise an industrial dispute also.

The revised service conditions on rejoining after maternity leave should not be less favourable to the employee. Moreover, you cannot have a service condition exclusively for those who have joined after a long leave. Similarly, you cannot change a condition of service of an employee who has resigned but serving the required notice period that will adversely affect his relieving and full and final settlement.

There is nothing wrong in restructuring the salary of sale team as part of revision with more amount on variable. But what is to be ensured is that their fixed remuneration should not get reduced by such restructure. This is because variable pay is an amount which is paid depending upon fulfilment of certain conditions, say, targets. You can keep the fixed salary untouched and add any amount as variable as part of increment offered.

From India, Kannur
bindushree.mohanty@yahoo.com
I am working in a Manufacturing unit in HR Dept. and company wants to revise the Offer letter including the changes in salary Break up for sales team. Salary will be in same figure but some variable portion will be there which solely would be Performance linked. Is it possible we can go for?
From India, Kolkata
rkn61
572

A company can not issue two offer letters to the same employee. But the management of any company has sole right to amend, modify, alter or revise the offer letter. So instead of issuing
another offer letter, you can issue Modification Letter to Offer letter ref.no... date... (fill up the required details) to such employees for whom you want to change and terms & conditions.

Signatory of such communication shall be the same person who had signed the offer letter
(or any higher authority than the signed authority).

From India, Aizawl

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