Reinstatement of Contract Employees after a GAP 19.04.2024
OFFICE MEMORANDUM
Reinstatement of Contract Employees after a GAP
I am directed to refer to your good office letter No. IOT/FSD-SGD/IIM/532 dated: 30.11.2023, on the subject cited above, and to enclose herewith clarification, received from the Section Officer (SR-II), Government of the Punjab, Finance Department vide No.FD.SR-II/2- 206/2023 dated: 19.04.2024, along-with an enclosure of Regulations Wing of S&GAD, for proceeding further in the matter.
The case has been examined in the consultation with Regulations Wing. S&GAD (advice of Regulations Wing, S&GAD is enclosed). Finance Department endorses the viewpoint of District Accounts Officer, Mianwali mentioned in your letter bearing No.IT(FD)(TT) 6-11/2019 (P1-11), dated 18.12.2023 referred above.
2. The case has been examined in Regulations Wing, S&GAD in light of information / documents provided by Administrative Department and it is observed that:-
i: The contract means an agreement between the employee and the employer for a specific time. A contract is governed under the Contract Appointment Policy-2004, which clarifies the legal position of such appointments and provides guidelines for the same under the policy.
ii: The contract appointment is liable to be terminated on one month notice or one month pay in lieu thereof without assigning any reason. Hence, the concept of resignation is not provided in the policy Ibid. Submission of resignation, its acceptance and further reinstatement etc. are not the issue of the policy ibid.
iii: Moreover, persons appointed on contract basis are not civil servants, hence, their service matters shall be governed under the terms & conditions of their contract appointment, Contract Appointment Policy-2004 and the policy instructions issued by Regulations Wing, S&GAD from time to time.
iv: There is no provision in Contract Appointment Policy-2004 for reinstatement after expiry of contract period.
v: The SSES/AEOs/Educators have been recruited/regularized under the recruitment policies Issued by School Education Department from time to time with the approval of competent authority and they do not follow Contract Appointment Policy-2004 in this regard.
vi: The provisions of Contract Appointment Policy-2004 are applicable to only those contract employees who are recruited under the policy Ibid.
vii: In the instant case, Mr. Mujeeb Ullah Khan, ex-ESE has tendered his resignation from contract service on 09-09-2006.
viii: Moreover, the instant issue relates to School Education Department’s own policies. After issuance of Hon’ble Court’s directions, implementation lies at the level of Administrative Department, therefore, no advice is required after issuance of court’s directions.
ix: The observations raised by District Accounts Officer, Mianwali are hereby correct.
3. In view of the above, the Administrative Department is advised to decide/resolve the instant matter at its own level in accordance with law/ rules/policy.
Reinstatement of Contract Employees after a GAP (19.04.2024)
Reinstatement refers to bringing back an employee to their previous job after a period of absence or a gap in their contract. For contract employees, this typically happens when their employment term ends, and there is a gap before they are rehired. The date mentioned, 19.04.2024, could mark either the start or end of this gap period.
When contract employees face a gap in employment, it may be due to several reasons such as project delays, administrative issues, or the need for additional approvals. During this time, the employees are not working for the organization, and they may or may not receive any pay. Once the situation is resolved, these employees are often reinstated, meaning they return to the same role or a similar one.
Reinstating employees can be beneficial for both the employer and the employee. The employee gets job continuity and financial stability, while the employer retains a skilled and experienced worker, saving time and resources on hiring and training new staff. However, the length of the gap and the terms of reinstatement may vary based on the employment contract, company policies, or labor laws.
Conclusion
Reinstatement of contract employees after a gap, like the one potentially starting or ending on 19.04.2024, is a common practice. It allows organizations to bring back their staff after temporary breaks, ensuring continuity in work. For the employee, it offers job security and a return to the workforce. However, it is important for both parties to understand the terms of reinstatement, as these can differ depending on contractual agreements and labor regulations.
