Recently my organization after a year long fight with an employee regarding his job termination came into settlement with him after he accepted to write a resignation and organization paying all the dues and all clearances done. The issue in the past got so awkward that a independent law officer was also made to sit in domestic enquiry. He was even given DISMISS notice from management which initiated this argument between him and the organization.
But now my question is can we re-employee such staff if the management feels to go over his past and start with a fresh beginning.
What are the terms and conditions which are to be kept in mind so that all labour related issues are well in control for the organization when the employee is re-employed.
for eg : he cannot be employed within 3 months of this settlement reached recently or termination when it was served.
What more legal formalities are to be kept in mind.
PLz help..??
From India, New Delhi
But now my question is can we re-employee such staff if the management feels to go over his past and start with a fresh beginning.
What are the terms and conditions which are to be kept in mind so that all labour related issues are well in control for the organization when the employee is re-employed.
for eg : he cannot be employed within 3 months of this settlement reached recently or termination when it was served.
What more legal formalities are to be kept in mind.
PLz help..??
From India, New Delhi
very interesting question....to my mind, I am not sure why is it that you are looking at rehiring such a person? what was the issue? for example; if it invoked the sexual harassment at work/ performance, i am curious to know why would you want such a person back in the Org, so you may want to specify the reason for dismiss and its nature
We do follow a similar clause in our org, wherein a ee who resigns or is voluntarily terminates his agreement, he isnt allowed to join back the same team within 3 months and in certain processes its for 6 months...
From India, Chandigarh
27We do follow a similar clause in our org, wherein a ee who resigns or is voluntarily terminates his agreement, he isnt allowed to join back the same team within 3 months and in certain processes its for 6 months...
From India, Chandigarh
Nainz..this employee was an ambulance driver to my organization ( I m working in a hospital ). He was served with a memo for UNAUTHORIZED ABSENCE from duties for which he said that he was medically ill and admit in some other hospital.
it all happened with the management ego and politics with few higher ppl that he didn't wanted him to work in this organization any more so they got the chance to dismiss him..
As he too has done slight mistake of not informing his superiors of his illness and going on leave without informing anyone.
Now after an year of fight with domestic inquiry being in surveillance of an independent judicial inspector, everything has been sorted out with peace and thus the management is now considering to re employ him
I am asking my seniors that what are the possible labor issues of employing such personnel and what are the terms and conditions which govern such re-employment.
Thanx Nainz for giving me insight but you give me more explanation to this now
From India, New Delhi
it all happened with the management ego and politics with few higher ppl that he didn't wanted him to work in this organization any more so they got the chance to dismiss him..
As he too has done slight mistake of not informing his superiors of his illness and going on leave without informing anyone.
Now after an year of fight with domestic inquiry being in surveillance of an independent judicial inspector, everything has been sorted out with peace and thus the management is now considering to re employ him
I am asking my seniors that what are the possible labor issues of employing such personnel and what are the terms and conditions which govern such re-employment.
Thanx Nainz for giving me insight but you give me more explanation to this now
From India, New Delhi
Dear Aankit Anand,
I think our senior members and law experts can guide you on the correct path like legality or inclusion of clauses and so on.
Nonetheless, just a quick thought won't rehiring the employee after dismissal in the same company set a negative example? What message would it send to other employees? Though you can take decisions of rehiring based on nature of act ,possibility of the re-occurence etc.And the most important question is - would it be worth taking a chance?
From India, Vadodara
I think our senior members and law experts can guide you on the correct path like legality or inclusion of clauses and so on.
Nonetheless, just a quick thought won't rehiring the employee after dismissal in the same company set a negative example? What message would it send to other employees? Though you can take decisions of rehiring based on nature of act ,possibility of the re-occurence etc.And the most important question is - would it be worth taking a chance?
From India, Vadodara
Dear Mr Anand,
Absenting un-authorizedly / without information and reporting with a medical certificate is a common issue/practice in most of the large size organizations. I presume you hospital is a large size hospital or it is a part of a large organization, because you have mentioned that a proper domestic inquiry was set up to hold an inquiry before initiating disciplinary action. Now to your basic question -
As already mentioned, absence without information is common, there as laid down procedures to deal with such cases in view of Natural Justice (Can refer to Model Standing Orders).
1. The employee who is absenting for 10 days or more, is issued with a notice about his absence and is directed to report for duty within 3 to 5 days of receipt of notice or submit explanation for his absence. Preferably it is to be sent to his local & permanent address under Regd. Post.
2. A second notice is given as a Reminder to report within 3 days of receipt of letter failing which disciplinary action will be initiated without any further notice.
3. Even after this if the employee concerned does not report for duty, management is at liberty to set up a domestic inquiry and proceed further. After allowing 2 chances(letters to be sent through Regd. Post at local & Permanent Address) by the I.O., the inquiry can be closed/finalized ex-parte. The Disciplinary Authority may decide for penalty/punishment as deemed fit. The proceedings if done in this manner have a legal status.
4. Since termination of employee results in other IR problems, it should be avoided and the employee in question may be allowed to be reinstated. You mentioned that the management is ready to re-appoint him after settlement of his terminal dues. In this case, you can suggest as follows :-
A) Re-appointment letter should contain a clause that Sri...... is being re-appointed in the capacity of ...... with effect from ....... without continuity of service. The terminal dues accrued earlier to re-appointment, shall be paid at the time of superannuation as per provisions of relevant Acts/Rules. This will benefit the employee as he will get gratuity for period of prior service at the rate of last pay drawn and it will also shield the management from IR problems as the employee is lossing the benefits of absconding period only.
B) Gratuity will be payable as per PG Act or it may be recommend to pay gratuity at the time of retirement by substracting the period of interrupted service. An option may be obtained from him to pay gratuity at a later date at the time of superannuation to safeguard the clause of payment of interest for delayed payment beyond 30 days.
C) There is no issue with PF. The existing PF No. can be carried on and the employee concerned will not get the benefits of intervening period as per rules.
D) I presume that the employee concerned might not be having any leave due to his credit. So no carry forward issue.
I personally feel that habitual absentees should not be encouraged, as it sets bad example for others. But if any employee errers for the first time for a reasonable period, he should be given chance to improve. But if the employee is indisciplined, habitual absentee, bad worker, he should be punished suitably.
Hope the views will help you. If you have some different views pl share.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Absenting un-authorizedly / without information and reporting with a medical certificate is a common issue/practice in most of the large size organizations. I presume you hospital is a large size hospital or it is a part of a large organization, because you have mentioned that a proper domestic inquiry was set up to hold an inquiry before initiating disciplinary action. Now to your basic question -
As already mentioned, absence without information is common, there as laid down procedures to deal with such cases in view of Natural Justice (Can refer to Model Standing Orders).
1. The employee who is absenting for 10 days or more, is issued with a notice about his absence and is directed to report for duty within 3 to 5 days of receipt of notice or submit explanation for his absence. Preferably it is to be sent to his local & permanent address under Regd. Post.
2. A second notice is given as a Reminder to report within 3 days of receipt of letter failing which disciplinary action will be initiated without any further notice.
3. Even after this if the employee concerned does not report for duty, management is at liberty to set up a domestic inquiry and proceed further. After allowing 2 chances(letters to be sent through Regd. Post at local & Permanent Address) by the I.O., the inquiry can be closed/finalized ex-parte. The Disciplinary Authority may decide for penalty/punishment as deemed fit. The proceedings if done in this manner have a legal status.
4. Since termination of employee results in other IR problems, it should be avoided and the employee in question may be allowed to be reinstated. You mentioned that the management is ready to re-appoint him after settlement of his terminal dues. In this case, you can suggest as follows :-
A) Re-appointment letter should contain a clause that Sri...... is being re-appointed in the capacity of ...... with effect from ....... without continuity of service. The terminal dues accrued earlier to re-appointment, shall be paid at the time of superannuation as per provisions of relevant Acts/Rules. This will benefit the employee as he will get gratuity for period of prior service at the rate of last pay drawn and it will also shield the management from IR problems as the employee is lossing the benefits of absconding period only.
B) Gratuity will be payable as per PG Act or it may be recommend to pay gratuity at the time of retirement by substracting the period of interrupted service. An option may be obtained from him to pay gratuity at a later date at the time of superannuation to safeguard the clause of payment of interest for delayed payment beyond 30 days.
C) There is no issue with PF. The existing PF No. can be carried on and the employee concerned will not get the benefits of intervening period as per rules.
D) I presume that the employee concerned might not be having any leave due to his credit. So no carry forward issue.
I personally feel that habitual absentees should not be encouraged, as it sets bad example for others. But if any employee errers for the first time for a reasonable period, he should be given chance to improve. But if the employee is indisciplined, habitual absentee, bad worker, he should be punished suitably.
Hope the views will help you. If you have some different views pl share.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
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