Dear friends, one of our employees left our company, stating that she got another job on 16 February 2019 after clearing all her full and final settlement. We have paid her gratuity and EL amounts in full.
On 6 March 2019, she rejoined our company. Now, she is requesting to be treated as an old employee with the same level of experience, as she is receiving a lower salary compared to before due to her experience.
She is willing to reimburse all the money she received in the final settlement. Should we consider her as an old employee or treat her as a new employee? Your prompt response is greatly appreciated as we need to make a decision soon.
Thank you.
From India, undefined
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On 6 March 2019, she rejoined our company. Now, she is requesting to be treated as an old employee with the same level of experience, as she is receiving a lower salary compared to before due to her experience.
She is willing to reimburse all the money she received in the final settlement. Should we consider her as an old employee or treat her as a new employee? Your prompt response is greatly appreciated as we need to make a decision soon.
Thank you.
From India, undefined
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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 for an employer, as well as the individual's past performance. However, the 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 restoring his/her old higher pay package seems to me an unnecessary exercise and sets 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?
From India, Salem
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6108Taking back an ex-employee after his/her resignation and full and final settlement of all terminal benefits is a matter of discretion and necessity for an employer, as well as the individual's past performance. However, the 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 restoring his/her old higher pay package seems to me an unnecessary exercise and sets 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?
From India, Salem
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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 and ask for re-employment? If asked, why did your management permit her rejoining so readily? Please note that you run a commercial organization. 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
From India, Bangalore
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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
From India, Bangalore
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Employee Experience.doc
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