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?
18th March 2019 From India, Salem
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.
18th March 2019 From India, Bangalore
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.
19th March 2019 From India, Mumbai