Hi everyone,
We hired a candidate 1 week ago. The candidate's previous employer is not providing the relieving letter since the notice period was very short. We desperately need the candidate. I want the candidate to sign a document stating that they will be wholly responsible for any legal actions, and the current employer will not be liable for any undertakings.
Please suggest what to do and how to draft this format.
From India, Calcutta
6We hired a candidate 1 week ago. The candidate's previous employer is not providing the relieving letter since the notice period was very short. We desperately need the candidate. I want the candidate to sign a document stating that they will be wholly responsible for any legal actions, and the current employer will not be liable for any undertakings.
Please suggest what to do and how to draft this format.
From India, Calcutta
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As per my experience, we can proceed with the employee based on the resignation letter. No employer can withhold the right to not relieve the employee from their services if the employee is unwilling to continue serving. The employer is obligated to provide the experience letter upon the employee's request; otherwise, strict action can be taken against the employer if they refuse to relieve the employee or settle their dues (including Full and Final settlement, Relieving letter, and experience letter).
There is no need to obtain any undertaking from the employee.
Regards, Shankar, HR Executive, Reliance Communication, Navi Mumbai
From India, Mumbai
There is no need to obtain any undertaking from the employee.
Regards, Shankar, HR Executive, Reliance Communication, Navi Mumbai
From India, Mumbai
hai there is no legal impediment to appoint an employee without the relieving order. Please do check his antecedents informally. with regards ctraju
From India, Madras
From India, Madras
Hi,
Many organizations withhold or do not provide the relieving letter if you do not serve the complete notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is not willing to provide resignation acceptance, then instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications.
Hope this solution addresses your problem.
Regards,
Aditi
From India, Mumbai
Many organizations withhold or do not provide the relieving letter if you do not serve the complete notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is not willing to provide resignation acceptance, then instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications.
Hope this solution addresses your problem.
Regards,
Aditi
From India, Mumbai
Hi,
Many organizations withhold or do not provide the relieving letter if you do not complete the notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is unwilling to provide the resignation acceptance, instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications. The acceptance will be delivered to the address specified by the employee within 3-5 days.
Hope this resolves your issue.
Regards,
Aditi
From India, Mumbai
Many organizations withhold or do not provide the relieving letter if you do not complete the notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is unwilling to provide the resignation acceptance, instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications. The acceptance will be delivered to the address specified by the employee within 3-5 days.
Hope this resolves your issue.
Regards,
Aditi
From India, Mumbai
Hi friends,
Recently, my friend who was working in one of the top five Indian companies resigned. They gave him a resignation acceptance letter, but after 3 months, when he settled his dues, they held back his relieving letter and experience certificate by stating that there was a discrepancy in the background check. He has already joined a new organization based on the resignation acceptance letter. Now, he is tensed and doesn't know what to do.
How can he get the relieving and experience letters? Is there any way?
Raj
Recently, my friend who was working in one of the top five Indian companies resigned. They gave him a resignation acceptance letter, but after 3 months, when he settled his dues, they held back his relieving letter and experience certificate by stating that there was a discrepancy in the background check. He has already joined a new organization based on the resignation acceptance letter. Now, he is tensed and doesn't know what to do.
How can he get the relieving and experience letters? Is there any way?
Raj
Hi Raj,
Ask your friend to clarify what kind of background check was carried out and the results. If there are discrepancies, try to sort them out with the company. In case of discrepancies, no company would provide the relieving and experience letters. Your friend will have to make do with the resignation acceptance copy.
Regards, Aditi
From India, Mumbai
Ask your friend to clarify what kind of background check was carried out and the results. If there are discrepancies, try to sort them out with the company. In case of discrepancies, no company would provide the relieving and experience letters. Your friend will have to make do with the resignation acceptance copy.
Regards, Aditi
From India, Mumbai
Hi Aditi,
Thank you for the reply. The issue with his background check is that he has shown 6 months more experience for one of his previous companies. Initially, the company said they wouldn't be taking any action, but now they are stating that HR policies have changed. He spoke to the HR manager, but they are saying they cannot help, citing policy as the reason.
The problem is that he worked for 3 years in that organization, and they only mentioned the issue when he resigned. Would a resignation acceptance letter be sufficient as proof that he worked in the organization? He also has the full and final settlement sheet with him. Could his present company cause a problem now? If yes, what are the possible solutions in this case?
Raj
Thank you for the reply. The issue with his background check is that he has shown 6 months more experience for one of his previous companies. Initially, the company said they wouldn't be taking any action, but now they are stating that HR policies have changed. He spoke to the HR manager, but they are saying they cannot help, citing policy as the reason.
The problem is that he worked for 3 years in that organization, and they only mentioned the issue when he resigned. Would a resignation acceptance letter be sufficient as proof that he worked in the organization? He also has the full and final settlement sheet with him. Could his present company cause a problem now? If yes, what are the possible solutions in this case?
Raj
Hi Aditi,
In addition to the question asked by Raj, I would like to add: what if the company is not accepting the resignation itself on the grounds of a discrepancy in the background check? For example, there is no resignation acceptance letter, no relieving letter, and no experience letter. What are the available options for the employee in this situation? The employee is willing to serve the complete notice period.
Din
In addition to the question asked by Raj, I would like to add: what if the company is not accepting the resignation itself on the grounds of a discrepancy in the background check? For example, there is no resignation acceptance letter, no relieving letter, and no experience letter. What are the available options for the employee in this situation? The employee is willing to serve the complete notice period.
Din
Hi Raj,
There are no laws prohibiting double employment if the candidate has provided you with a copy of the resignation letter duly served on the company and has received a due acknowledgement. Then, don't worry; you can employ him and go ahead. What are your apprehensions in case you are employing him? Please specify in your reply.
Regards,
Ctraju
From India, Madras
There are no laws prohibiting double employment if the candidate has provided you with a copy of the resignation letter duly served on the company and has received a due acknowledgement. Then, don't worry; you can employ him and go ahead. What are your apprehensions in case you are employing him? Please specify in your reply.
Regards,
Ctraju
From India, Madras
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Notice Period Extension Letter Format.doc