Re-Employment Policy and Form

A Re-Employment Policy outlines the guidelines under which former employees of an organization may be considered for re-hiring after they have left. This is especially relevant in situations where an employee has left on good terms, or if the company values their skills and would like to bring them back for a new role.

The Re-Employment Form is used by former employees who wish to rejoin the organization, or by HR to collect relevant information from the employee before making a decision.

Below is an overview of a Re-Employment Policy and an example of a Re-Employment Form.

1. Re-Employment Policy

Purpose

The purpose of the Re-Employment Policy is to provide clear guidelines for considering the rehire of former employees. This policy aims to ensure fairness and transparency in the rehiring process and to make sure that the decision aligns with the company’s current needs and values.

Eligibility Criteria for Re-Employment

The following employees may be eligible for re-employment:

• Voluntary Separation: Employees who left the company voluntarily (resignation, retirement, contract completion) and did so in good standing (no pending dues, return of company property, and no significant performance or conduct issues).
• Involuntary Separation: Employees who were terminated for reasons such as redundancy, business restructuring, or layoffs and were not dismissed due to performance or misconduct issues.
• Length of Separation: Typically, a minimum period of [insert time, e.g., 6 months or 1 year] should have passed since the employee's last exit from the organization, unless the rehiring is for a critical role.
• Rehire Eligibility: Employees who have not been terminated for cause (misconduct, performance issues) may be considered for rehire.
• No Conflicting Contracts: The employee should not have any restrictive covenants (e.g., non-compete, non-disclosure) that prevent them from rejoining the company.

Procedure for Re-Employment

1. Application: A former employee wishing to return must submit a Re-Employment Form to HR. The form will capture the relevant details of their previous employment and their reasons for wanting to return.
2. Review of Eligibility: HR will review the employee’s past performance, conduct, and reason for leaving the company. If they left under good terms and have the necessary skills, they will be considered.
3. Assessment of Skills and Role Fit: The HR team, in collaboration with the hiring department, will assess whether the returning employee’s skills align with the current job requirements and organizational needs.
4. Interview Process: The employee may be asked to go through an interview process for the available position, similar to the process for external candidates.
5. Offer and Terms: If the employee is selected, HR will make a formal re-employment offer outlining the job position, salary, benefits, and other employment terms.

Conditions for Re-Employment

• Salary and Benefits: The returning employee will be offered a salary and benefits package according to the company’s current policies for the position. The package may be different from their previous one, depending on the role and market conditions.
• Position and Role: The returning employee may not always return to their previous role, depending on the organization’s needs. They may be offered a different position or title.
• Probation Period: Employees returning to the company may be placed on a probation period, particularly if there has been a significant gap between their previous and current employment.
• No Guarantee of Re-Employment: Re-employment is not guaranteed and will depend on the company’s current requirements, budget, and the former employee’s qualifications.

Exclusions from Re-Employment

• Employees who left under negative circumstances, such as:
• Termination for Cause: Due to performance issues, misconduct, or violation of company policies.
• Serious Misconduct: Actions that would violate company policies or damage its reputation.
• Employees who voluntarily resigned without providing the required notice period or failed to adhere to company policies during their initial tenure.

2. Re-Employment Form

The Re-Employment Form is used by former employees to apply for rehire. The form collects essential information about the employee’s previous employment, reasons for leaving, and their qualifications for the new role.

3. Key Considerations for Re-Employment

1. No Automatic Rehire: While the re-employment policy provides a framework for considering returning employees, there is no guarantee of rehiring. The company must assess the current organizational needs and whether the former employee is a good fit.
2. Salary Negotiation: Returning employees should be prepared for potential salary adjustments based on the company’s budget and the role they are rejoining.
3. Probationary Period: Depending on the length of time the employee was away, they may be placed on a probationary period to assess performance, just like any other new hire.
4. Updated Skills: Companies often look for returning employees to demonstrate that they have kept their skills and knowledge up to date, especially in rapidly changing industries or job functions.
5. Non-Compete Agreements: If the returning employee signed a non-compete or non-disclosure agreement previously, the company will need to ensure that their return does not violate any such clauses.

Conclusion

A Re-Employment Policy helps organizations manage the process of rehiring former employees efficiently and fairly, while a Re-Employment Form provides the necessary information to make an informed decision about rehiring. Clear guidelines for re-employment help ensure that the decision benefits both the employee and the company, and that the transition is smooth for all parties involved.