RAKESH DUBEY ONLY
1

Dear Colleague

I need suggestions about re-joining the terminated employee. Can we issue him a letter about withdrawal of dismissal and continue his services?

There are some points.

1. Employee joining date was 16/04/2016
2. His employment record was good.
3. His services terminated on 30/09/2022, due to the closure of the project.
4. Full and Final settlement not done till.
5. As per the present requirement management aggreges to continue his services considering his employment since April 2016 and CTC as on 30/09/2022.

Regards
Rakesh Dubey

From India, Raipur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
KK!HR
Management Consultancy
RAKESH DUBEY ONLY
Working With Raymond's Group Thane

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KK!HR
1367

Termination on the closure of the project does not amount to dismissal, it is a removal from service only. In this case, there is no issue in reinstating the employee in service. So, this would mean there is continuity of service and the past service is being reckoned as continuous.
From India, Mumbai
RAKESH DUBEY ONLY
1

Thanks for quick response. Please let us know any future litigation will happening, if we issue him continuation letter. Regards Rakesh Dubey
From India, Raipur
KK!HR
1367

As you are proposing to issue continuation in service letter, the employee has the right to claim service benefit for the past period and it is justified since it is not a fresh appointment. You need not to be also clear about what happens to the intervening period, from 30.09.22 to the date of joining. Suiting your proposal will be to treat the period as dies-non. (non-existent period, no benefit to accrue)
From India, Mumbai
KK!HR
1367

As you are proposing to issue continuation in service letter, the employee has the right to claim service benefit for the past period and it is justified since it is not a fresh appointment. You need not to be also clear about what happens to the intervening period, from 30.09.22 to the date of joining. Suiting your proposal will be to treat the period as dies-non. (non-existent period, no benefit to accrue)
From India, Mumbai

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