Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr-consultant
Vijayasritumuluri
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Dear friends, One of our employee left our company saying reason that she got another job on 16 February 2019 by clearing all her full n final settlement..we have paid her gratuity n EL amount everything..
On 6 March 2019 she joined back again in our company..Now she is asking us to take her as a old employee with the same experience, as she is getting less salary compared to before due to experience..
She is ready to pay back all the money she took for final settlement..Can we take her as a old employee or we have to take her as a new employee...Kindly reply me as soon as possible...Need to take the decision soon.
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Dear Ms.Vijaya,
Taking back an ex-employee after his/her resignation and full and final settlement of all terminal benefits is a matter of discretion and necessity of an employer and the individual's past performance. However, revival of the previous contract of employment at the instance of the newly appointed ex-employee by refunding all the terminal benefits for the sake of restoration of his/her old higher pay package seems to me an unnecessary exercise as well as setting a bad precedent. Her reappointment, though based on her satisfactory or exceptional performance in the same organization, is only under a new contract of employment. As such in consideration of his/her past experience and good performance, why don't you fix the pay package on par with her previous one as a special case?
Dear Vijaya,
The employee should have been thoughtful before leaving the company. When she left, it was her conscious decision. Against this backdrop, how can she come back asks for re-employment? If asked, why your management permitted her rejoining so readily? Please note that you run a commercial organisation. Your company cannot be treated as if it were a transit facility.
For leaving the company, the lady must pay some penalty. The best penalty is to reemploy her but as a new employee. Let her forfeit her past career and for promotion, her past service should not be considered. Mention this fact clearly in the fresh appointment letter.
Thanks,
Dinesh Divekar
Dear colleague,
This is a strange situation. First of all, without fixing terms of her fresh appointment, how she can choose to rejoin of her own will and how she is allowed to join is fails to make sense.
And how to top it all she can demand the terms of her appointment. In my view, she appears to be riff raff who need not be entertained on any terms, let alone on her terms.
However, it is company' s choice/discretion to take her back.
Regards,
Vinayak Nagarkar
HR- Consultant
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