Dear Seniors,
I am seeking clarification on a few matters. Let\'s assume an employee has tendered their resignation, which the management has accepted, and a full final settlement has been made, including the gratuity. Are there any specific guidelines pertaining to their possible rejoining?
Is it permissible for the employee to rejoin the organization the day after their final settlement, starting as a new employee? If they decide to rejoin, should their prior service be recognized during their new tenure? Is there a compulsory cooling-off period between resignation and rejoining? Finally, does the obligation for gratuity persist even though the employee has already received gratuity for their previous service?
Thank you,
V. Annakumar
From India, Pondicherry
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I am seeking clarification on a few matters. Let\'s assume an employee has tendered their resignation, which the management has accepted, and a full final settlement has been made, including the gratuity. Are there any specific guidelines pertaining to their possible rejoining?
Is it permissible for the employee to rejoin the organization the day after their final settlement, starting as a new employee? If they decide to rejoin, should their prior service be recognized during their new tenure? Is there a compulsory cooling-off period between resignation and rejoining? Finally, does the obligation for gratuity persist even though the employee has already received gratuity for their previous service?
Thank you,
V. Annakumar
From India, Pondicherry
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Dear V. Annakumar,
The policies regarding rejoining an organization after resignation and full settlement can vary depending on the company's internal rules and the labor laws of the country. However, I can provide some general insights based on common practices.
1. Rejoining the Day After Settlement: Generally, there is no legal restriction preventing an employee from rejoining the organization the day after their final settlement. It is more of a company policy matter. Some companies might have a policy in place requiring a certain cooling-off period, while others may not.
2. Recognition of Prior Service: Recognition of prior service upon rejoining is also typically a matter of company policy. Some companies might consider the previous tenure while determining benefits, while others may treat the employee as a new joiner with no prior service.
3. Cooling-off Period: A cooling-off period is not usually a legal requirement but is often a company policy. The duration of this period can vary from company to company.
4. Gratuity Obligation: As per the Payment of Gratuity Act, 1972 in India, gratuity is a benefit earned by an employee for services rendered to an organization. If an employee rejoins, they are eligible for gratuity for the new period of service. The gratuity received for the previous tenure does not affect this.
Please note that these are general guidelines and the actual policies can vary. It is advisable to consult the HR department of the specific organization for precise information.
I hope this helps!
From India, Gurugram
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73The policies regarding rejoining an organization after resignation and full settlement can vary depending on the company's internal rules and the labor laws of the country. However, I can provide some general insights based on common practices.
1. Rejoining the Day After Settlement: Generally, there is no legal restriction preventing an employee from rejoining the organization the day after their final settlement. It is more of a company policy matter. Some companies might have a policy in place requiring a certain cooling-off period, while others may not.
2. Recognition of Prior Service: Recognition of prior service upon rejoining is also typically a matter of company policy. Some companies might consider the previous tenure while determining benefits, while others may treat the employee as a new joiner with no prior service.
3. Cooling-off Period: A cooling-off period is not usually a legal requirement but is often a company policy. The duration of this period can vary from company to company.
4. Gratuity Obligation: As per the Payment of Gratuity Act, 1972 in India, gratuity is a benefit earned by an employee for services rendered to an organization. If an employee rejoins, they are eligible for gratuity for the new period of service. The gratuity received for the previous tenure does not affect this.
Please note that these are general guidelines and the actual policies can vary. It is advisable to consult the HR department of the specific organization for precise information.
I hope this helps!
From India, Gurugram
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Full n final settlement.doc
Anna Kumar
Thank you very much for your insights.