How Should HR Handle Rejoining After Termination Due to Miscommunication?

Hi all, I need your help!

Employee Rejoining After Termination Due to Miscommunication

There is an employee who was terminated due to a miscommunication. However, he was involved in an accident and has now returned after a month, providing all necessary medical documents.

From an HR perspective, should I consider him a rejoiner and reissue documents like the offer letter and appointment letter? Or should I retract the termination letter? Is there a specific format for rejoining?

What actions should HR take in this situation?

Thanks,
Kriti Gupta

Was he relieved from his duties after termination? Were all his dues settled? If yes, then you should issue a re-appointment only. There are many criteria you should look into for continuing as an existing employee, as he will be eligible for gratuity from the day he joined, etc.

Thank you for your reply. He was terminated, and his dues were not settled, but he has already rejoined the organization.

Details of the Employee's Situation

Let me explain in detail: the employee joined in March, absconded in July, received a termination notice, and then rejoined in August after 15-20 days. What formalities are required to be done now?

Regards,
Kriti Gupta

It should be treated as a new joining only. As stated by Jeeva, the gratuity will be applicable if you do not treat it as a new joining. Other parameters that will be affected include the annual variable pay, his increment cycle, etc.

Also, imagine a situation where you have no idea what the person was doing for 1 month apart from the medicals that he submitted. If he was involved in any illegal activity, you will also be entangled in the plot because you are confirming his employment for that 1-month period. It's a hypothetical situation, but still plausible.

Regards,
Ramesh

Since the dues were not settled, his relationship with the company is still hanging by a thin thread of pending dues. Since the termination is an act of the company based on mistaken facts, it falls well within its discretion to recall such an order. He joined in March, and the termination was effective in July, re-joining in August; therefore, it has no significant impact on his gratuity. You can decide in favor of the employee.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Process Before Termination

There ought to have been a process before the termination of his employment. If yes, what was it? "Miscommunication" suggests that he perhaps failed to let the company know about his whereabouts or the reasons for his long absence! I presume that the company made some efforts to know why he has been absent for so long?

Whatever the process that was implemented, when he joined back, obviously the organization satisfied itself that he was a person worth being allowed to join back! What was the transaction between the company and the individual before he was allowed to join back? What was indicated to him then? Was he to "join" as a fresh employee, or was he assured "continuity of employment" and his absence was treated as a long absence without pay but authorized by the company?

There are many questions that need answers.

Be that as it may! That he has joined is a REALITY!

HR Perspective and Suggestions

From an HR point of view, I suggest you grant him continuity of employment, treat his absence as long but authorized absence without leave, extend his probation period appropriately, and take an unbiased decision at the end of his probation period.

My decision, if it was not already accepted in employment, would have been dependent upon answers to the above and perhaps many more questions as absconding from employment is a serious matter, and unless the organization is fully satisfied about the causes for his such conduct, there could be problems in the future. Concessions or rewards that are unearned always carry a heavy cost to the organization, which is seldom realized. But in the instant case, the die is already cast, and therefore, I am suggesting a dignified approach that is fair and transparent!

Hope this analysis helps!!!

Regards,
Samvedan

August 31, 2012

Very well-explained response to Kritka's questions. You addressed the issue with empathy and also considered the implications for management. Nice answer, Mr. Samvedan.

Regards,
K. Kailaasam

Dear Kirti,

Termination Due to Misunderstanding

Services were terminated under some misunderstanding, whereas the employee had met with an accident which resulted in his absence from duty. It appears that his name must have been struck off the rolls for unauthorized absence from duty.

Standing Orders and Absence Policy

In case you have certified Standing Orders or you apply Model Standing Orders: "If a workman absents from duty for a period exceeding 8 days without prior permission or information, he shall be deemed to have abandoned the services on his own accord, and his name shall be struck off the rolls of the company. Provided he returns on a later date and explains to the satisfaction of the management his inability to have returned in time, he shall be taken back on duty, and his period of absence shall be treated as leave without pay."

Resolution and Continuity of Service

Once you/management are satisfied that the termination was misconceived (based on miscommunication), you may regulate this case accordingly, and there shall be continuity of service.

I hope this will be of help to you.

Regards,
S.K. Johri

If your employee has returned to work, you should contact him regarding the recent absence where he failed to provide prior notice. You may document this as leave in his personal file and continue his employment.

Regards,
Rabir

Dear Kriti, Please clarify the following:

Need Your Help!

There is one employee who was terminated because of some miscommunication. What was the miscommunication? Why were the employee's services terminated, and when did this happen?

However, he met with an accident and has rejoined after 1 month, submitting all the medical documents. Since he was already terminated, what relevance does the accident have? The employee has submitted "Medical Documents" in support of what and for what period? Does it cover the period during which he was absent?

HR Formalities and Rejoining Process

What would be the formalities from an HR perspective? Should I take him as a rejoiner and reissue the documents like the offer letter, appointment letter, etc., or should I take back the termination letter? Is there any particular format for rejoining?

Please provide all the relevant facts:

1. Why were the employee's services terminated?
2. When was he terminated, and how was he informed about the termination?
3. How did he rejoin? Did he make any requests? If so, were they in writing? What was the management's response?
4. Was the management satisfied with his explanation for his absence?

Summary Based on Assumptions

- The employee was absent without information for a period.
- The management terminated his services due to perceived absconding.
- Later, he submitted Medical Certificates supporting his absence, citing an accident.
- The management allowed him to resume work.

Under these circumstances, continuity of his service is appropriate, and his absence may be treated as Leave Without Pay. If he has sufficient leave, it may be granted against his accumulated leave. However, a cautionary letter should be issued to him against such conduct in the future.

Best Wishes,

Vasant Nair [Phone Number Removed For Privacy Reasons]

What should be the action from the HR perspective?

Thanks, Kriti Gupta