Dear Snr's,
I have an issue @ my organization, few days ago we had had some discussions about the performance of one of our employees & found dis-satisfactory, as we already have warned him/her about it. ultimately we issued him/her a Termination letter.
& now our top mgt is ready to retain him with some new terms & conditions although he had been told to submit all his/her assets related to orgn.
We have a certain policy of rejoining only after 3 months once an employee left the orgn.
So plz suggest me whether we can retain him/her with new T&C or he/she shud wait for at least 3 months to rejoin.
Regards,
Manish G
From India, Ghaziabad
17I have an issue @ my organization, few days ago we had had some discussions about the performance of one of our employees & found dis-satisfactory, as we already have warned him/her about it. ultimately we issued him/her a Termination letter.
& now our top mgt is ready to retain him with some new terms & conditions although he had been told to submit all his/her assets related to orgn.
We have a certain policy of rejoining only after 3 months once an employee left the orgn.
So plz suggest me whether we can retain him/her with new T&C or he/she shud wait for at least 3 months to rejoin.
Regards,
Manish G
From India, Ghaziabad
It is just an internal policy for certain reasons. Internal policies can always be deviated in certain cases with specific approval from the CEO
In some Companies, such an internal policy deviation require specific approval from Managing Director. You can re-employ him with immediate effect and
there is absolutely no problem in this.
From India, Chennai
In some Companies, such an internal policy deviation require specific approval from Managing Director. You can re-employ him with immediate effect and
there is absolutely no problem in this.
From India, Chennai
Dear Mr. Manish G,
Subsequent to the firing of any employee due to layoff, performance, closure or may it be whichever reason; any employer fairly can take in back "at will" on their discretion.
For example; Deploying an executive from an MNC during his/her termination is just to gain interest of the fact that he could be fair & sqaure in retaining, which happens on the grounds of biggies (Top Management). Certainly, its always a fair game and it definitely doesnot matter as the terms of his employment are varied and he is considered to have a new phase. [It's not time to worry yet]
From India, Visakhapatnam
Subsequent to the firing of any employee due to layoff, performance, closure or may it be whichever reason; any employer fairly can take in back "at will" on their discretion.
For example; Deploying an executive from an MNC during his/her termination is just to gain interest of the fact that he could be fair & sqaure in retaining, which happens on the grounds of biggies (Top Management). Certainly, its always a fair game and it definitely doesnot matter as the terms of his employment are varied and he is considered to have a new phase. [It's not time to worry yet]
From India, Visakhapatnam
Terminating an employee's service based on unsatisfactory performance & the management deciding to retain him on different terms & conditions is a mockery of the HR policies of the company.
Nevertheless, you need to find out if the employee is interested to continue after receiving his termination notice. If yes, the HR should ask the employee to submit an application addressed to the CEO requesting for another chance to serve the company. This application may be put up to the CEO with your comments & recommendations for his approval. In your recommendations, you may suggest the revised terms & conditions of your offer (which should have been discussed with the employee in advance). This process may help in some face saving for the HR.
As pointed out by others, an internal policy can be reviewed anytime without constraints. It, however, needs an amendment if the policy was in writing.
From India, Delhi
Nevertheless, you need to find out if the employee is interested to continue after receiving his termination notice. If yes, the HR should ask the employee to submit an application addressed to the CEO requesting for another chance to serve the company. This application may be put up to the CEO with your comments & recommendations for his approval. In your recommendations, you may suggest the revised terms & conditions of your offer (which should have been discussed with the employee in advance). This process may help in some face saving for the HR.
As pointed out by others, an internal policy can be reviewed anytime without constraints. It, however, needs an amendment if the policy was in writing.
From India, Delhi
As Mr.Bhatia opined, the whole issue reflects poorly of the decision making ability of the top management and HR when it decides to take back an employee whom it judged as incompetent.. When you have a policy in place about re-employing a peson after three months, it shall normally be adhered to.However, if the policy also provides for relaxation of this condition, the competent authority can invoke such provision and shall record his reasons for relaxing the condition as a prudent administrative practice.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
Dear all,
Management is Supreme Authority in pvt sector. They can hire & fire at will. We all do know that. So if they want to re employ that guy..let them do so.All the HR guys have to do is cover their tracks...ie get proper documentation etc ..like getting MD's signature on document.
TQ
shiva
From India, Trivandrum
Management is Supreme Authority in pvt sector. They can hire & fire at will. We all do know that. So if they want to re employ that guy..let them do so.All the HR guys have to do is cover their tracks...ie get proper documentation etc ..like getting MD's signature on document.
TQ
shiva
From India, Trivandrum
A millions of thanks to all...:)
The same feeling I was having that it is a kind of mockery of HR- policy & whatsoever the decision of top mgt is, the existence of HR person should not be kept on stake.
Although we are abide to follow the instructions of our biggies but what I felt was, the policies are meant to smooth-en the Business operations so there is always a
scope of manipulation in most of the organizations.
Regards,
Manish Gupta
From India, Ghaziabad
The same feeling I was having that it is a kind of mockery of HR- policy & whatsoever the decision of top mgt is, the existence of HR person should not be kept on stake.
Although we are abide to follow the instructions of our biggies but what I felt was, the policies are meant to smooth-en the Business operations so there is always a
scope of manipulation in most of the organizations.
Regards,
Manish Gupta
From India, Ghaziabad
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Retention quest.doc
Termination-emp loyment_563.pdf