Hi Sunit, you can buy his notice period. And then, if the present employer does not give the relieving letter, ask that person to bring the full and final settlement papers after you buy the notice period. That also helps you to prove that the employee has been relieved from the ex-employer.
From India, Delhi
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72From India, Delhi
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Sunitha,
While I would go by the company's need for the time being, to close all loose ends, I would request the guy (who doesn't have a relieving letter) to mark a BCC in all his correspondence with his previous organization asking for separation documents (including resignation if he hasn't done so). The positive aspect of this move is that you are really assured that the guy is attempting to get his separation documents (which indirectly proves that he has resigned in this case) and the folks at his previous org are not helping him out. This at least gives you some confidence in him. If he doesn't mark you in BCC, then I would be open to ask a painful question - has he really resigned? And has he joined your firm for good? Usually, it happens that the guy might have applied for a long leave (e.g., 3 weeks or at times 8 weeks) and is in your org to check whether everything is up to his expectation. If he doesn't find the work good, presto, he will vanish, and you will be left high and dry. Then the likely consequence is your inability to recruit good candidates. So my suggestion is to monitor this guy by way of his correspondence with his management in his previous setup so that you know that he is inclined to join you and not spend some time with you and check on things. You can file those relevant communications in his employee file for future references. It's tricky and could get messy if you fail to monitor, and at the same time, it's not a good practice to do such things. It's a bad HR practice, but I guess every now and then, we all have to do dirty jobs. The skill is to manage it well while keeping all ends closed. :)
From United Kingdom, London
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While I would go by the company's need for the time being, to close all loose ends, I would request the guy (who doesn't have a relieving letter) to mark a BCC in all his correspondence with his previous organization asking for separation documents (including resignation if he hasn't done so). The positive aspect of this move is that you are really assured that the guy is attempting to get his separation documents (which indirectly proves that he has resigned in this case) and the folks at his previous org are not helping him out. This at least gives you some confidence in him. If he doesn't mark you in BCC, then I would be open to ask a painful question - has he really resigned? And has he joined your firm for good? Usually, it happens that the guy might have applied for a long leave (e.g., 3 weeks or at times 8 weeks) and is in your org to check whether everything is up to his expectation. If he doesn't find the work good, presto, he will vanish, and you will be left high and dry. Then the likely consequence is your inability to recruit good candidates. So my suggestion is to monitor this guy by way of his correspondence with his management in his previous setup so that you know that he is inclined to join you and not spend some time with you and check on things. You can file those relevant communications in his employee file for future references. It's tricky and could get messy if you fail to monitor, and at the same time, it's not a good practice to do such things. It's a bad HR practice, but I guess every now and then, we all have to do dirty jobs. The skill is to manage it well while keeping all ends closed. :)
From United Kingdom, London
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Better to tell your management that they need to wait until the new hire gets the relieving letter. We should have a sense of corporate responsibility. If you violate it today, tomorrow the same employee or another employee can follow the same path.
From India, Bangalore
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From India, Bangalore
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Dear Sunitha,
You can take him without his relieving letter under this circumstance,
You need to ask for the copy of accepted resignation letter from that guy, and you need to take the copy of his ID card, and you need to take three months bank statement as on date, finally the copy of his last pay slip,
If you receive all these records you can take him with immediate effect so you no need to buy his notice period at the same time you’re not going against HR ethics,
Thanks & Regards
Sree
99624 99911
From India, Madras
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You can take him without his relieving letter under this circumstance,
You need to ask for the copy of accepted resignation letter from that guy, and you need to take the copy of his ID card, and you need to take three months bank statement as on date, finally the copy of his last pay slip,
If you receive all these records you can take him with immediate effect so you no need to buy his notice period at the same time you’re not going against HR ethics,
Thanks & Regards
Sree
99624 99911
From India, Madras
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Dear Sunitha,
You can take him without his relieving letter under this circumstance. You need to ask for the copy of the accepted resignation letter from that guy, and you need to take a copy of his ID card, and you need to take three months' bank statement as of the current date. Finally, include the copy of his last payslip.
If you receive all these records, you can take him with immediate effect. Therefore, you do not need to buy out his notice period, and at the same time, you are not going against HR ethics.
Thanks & Regards,
Sree
99624 99911
From India, Madras
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You can take him without his relieving letter under this circumstance. You need to ask for the copy of the accepted resignation letter from that guy, and you need to take a copy of his ID card, and you need to take three months' bank statement as of the current date. Finally, include the copy of his last payslip.
If you receive all these records, you can take him with immediate effect. Therefore, you do not need to buy out his notice period, and at the same time, you are not going against HR ethics.
Thanks & Regards,
Sree
99624 99911
From India, Madras
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Dear Sunita,
Hiring anyone without a relieving letter is not only against ethics but may potentially expose your company to legal issues. If required, the present employer can file a legal notice to the employee at any time based on the Non-Disclosure Agreement he/she might have signed during his/her tenure with that company. If that employee is your employee when the legal notice is served, your company will also be part of that legal action. This situation will not only waste your resources (money, time) but may also damage your credibility in the market.
I strongly suggest that you educate the hiring manager not to expedite the joining formalities for short-term gains. Instead, advise him to continue managing the project without this resource for a little longer, as he is currently doing.
Regards,
Ashok
From United States, San Diego
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Hiring anyone without a relieving letter is not only against ethics but may potentially expose your company to legal issues. If required, the present employer can file a legal notice to the employee at any time based on the Non-Disclosure Agreement he/she might have signed during his/her tenure with that company. If that employee is your employee when the legal notice is served, your company will also be part of that legal action. This situation will not only waste your resources (money, time) but may also damage your credibility in the market.
I strongly suggest that you educate the hiring manager not to expedite the joining formalities for short-term gains. Instead, advise him to continue managing the project without this resource for a little longer, as he is currently doing.
Regards,
Ashok
From United States, San Diego
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I agree with Peer Mohamad. What he says is perfectly correct. You have to put your foot down somewhere. There is a possibility that the candidate might get the relieving letter, or else he is taking time and might take a chance to increase his pay package in his company or somewhere else. Be aware of that.
From China
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From China
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Keep the email to the manager in some safe place , let him reply back saying that it is ok to hire without relieving letter.
From India, Bangalore
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From India, Bangalore
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Sunita,
Nowadays, most companies are recruiting people even without a relieving letter because it's the need of the hour. Having said that, it is important to at least ask the employee to provide a copy of the resignation acceptance at least. He may also be asked to forward the resignation letter/email that he would have sent to his manager. The only consequence, to my mind, is double employment, which, in any case, is something that an employee has to consider.
Regards, Rajesh
From India, New Delhi
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Nowadays, most companies are recruiting people even without a relieving letter because it's the need of the hour. Having said that, it is important to at least ask the employee to provide a copy of the resignation acceptance at least. He may also be asked to forward the resignation letter/email that he would have sent to his manager. The only consequence, to my mind, is double employment, which, in any case, is something that an employee has to consider.
Regards, Rajesh
From India, New Delhi
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Hi Sunita,
As everyone stated, try to get his resignation acceptance copy and do not share any of your company's secret documents until the scenario is settled. You can also give a reference check or past employment verification call to his current company to know the truth of his resignation (speak to any of the Senior HR). Your email would be a direct message to them that so-and-so has been recruited by your company without a relieving letter.
Thanks,
Kevina
From India, Ahmadabad
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As everyone stated, try to get his resignation acceptance copy and do not share any of your company's secret documents until the scenario is settled. You can also give a reference check or past employment verification call to his current company to know the truth of his resignation (speak to any of the Senior HR). Your email would be a direct message to them that so-and-so has been recruited by your company without a relieving letter.
Thanks,
Kevina
From India, Ahmadabad
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Resignation cum relieving letter.doc