Dear Friends,
I request you to please inform me if any new joiner does not have a relieving letter, experience letter, or resignation acceptance letter from their previous employer. Can we proceed with the onboarding formalities in such cases? If yes, kindly explain your reasoning behind this decision. If no, please suggest the necessary steps to ensure a smooth completion of the onboarding process.
Regards,
Asha
From India, Bangalore
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I request you to please inform me if any new joiner does not have a relieving letter, experience letter, or resignation acceptance letter from their previous employer. Can we proceed with the onboarding formalities in such cases? If yes, kindly explain your reasoning behind this decision. If no, please suggest the necessary steps to ensure a smooth completion of the onboarding process.
Regards,
Asha
From India, Bangalore
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The ideal situation is to have the relieving letter from the previous employer. If the employee does not produce it, ask him to show a copy of the resignation letter with evidence of having sent it to the employer, like a courier receipt or postal receipt of registered AD, and try to know the reasons as to why the employee is not able to get the relieving letter or resignation acceptance letter. If you are satisfied with the explanation of the employee, you may decide whether to employ him, wait for some more time, or reject him. You should consider the nature of the post offered to him. If you decide to employ him, incorporate a clause in the appointment letter stating that his employment is subject to the condition that there shall be no adverse remark or action against the employee for any misconduct by the previous employer or any adverse information found regarding his conduct and character. However, you have to make a decision on this.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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1979B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Thanks for the reply, Saikumar. Can you please guide me on whether there are any legal implications if we hire those employees (as they are not able to produce a relieving letter or a signed acceptance of the resignation letter)?
Asha
From India, Bangalore
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Asha
From India, Bangalore
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Hi Asha There is no legal implications. But if you feel the candidate is good and his conduct is satisfied then you shall employ.
From India, Bangalore
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From India, Bangalore
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You must be aware, many a time, employers do not want to lose good employees and may try to harass employees using coercive methods. Thus, the inability to produce a relieving letter may indicate an employee's efficiency. You can cross-check this with their performance in the interview, CV, or your prior interactions with them to determine whether they are employable or not.
Regarding legal implications, I do not foresee any for the company employing him, as there is no contractual obligation preventing his employment. However, ensure that basic requirements are met, such as being an Indian citizen, possessing the necessary educational qualifications, etc. If you are hiring a foreign national, ensure they have a valid passport, work visa, and meet any other government-prescribed requirements for recruiting foreign nationals.
B. Saikumar
Mumbai
From India, Mumbai
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Regarding legal implications, I do not foresee any for the company employing him, as there is no contractual obligation preventing his employment. However, ensure that basic requirements are met, such as being an Indian citizen, possessing the necessary educational qualifications, etc. If you are hiring a foreign national, ensure they have a valid passport, work visa, and meet any other government-prescribed requirements for recruiting foreign nationals.
B. Saikumar
Mumbai
From India, Mumbai
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Dear Sir,
I am working in a Pvt. Ltd. company as the first HR in this company and joined in Mar 2012. This company has been in existence since 11.04.2004, but there was no EPF and ESI enrollment. Now, my issue is that some employees have been working with Company A since 2004, but Company A no longer exists.
My Company B was registered on 19.08.2006 and renamed on 05.04.2011, with EPF and ESI enrollment dated 01.01.2007. The employees from Company A have been successfully transferred to Company B, but no formalities have been completed for their joining in Company B.
As the first HR in the company, I have to complete this task from the beginning until the current date. I would like to inquire about the date of joining for the previous employees of Company A.
Options for consideration:
1. Should the EPF enrollment date be considered as the date of joining?
2. Should the date of Company B registration be considered as the date of joining for the old employees who were working in Company A since 2004?
I kindly request your assistance on this matter.
Your prompt response would be highly appreciated.
Thanks/Keerti
From India, Delhi
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I am working in a Pvt. Ltd. company as the first HR in this company and joined in Mar 2012. This company has been in existence since 11.04.2004, but there was no EPF and ESI enrollment. Now, my issue is that some employees have been working with Company A since 2004, but Company A no longer exists.
My Company B was registered on 19.08.2006 and renamed on 05.04.2011, with EPF and ESI enrollment dated 01.01.2007. The employees from Company A have been successfully transferred to Company B, but no formalities have been completed for their joining in Company B.
As the first HR in the company, I have to complete this task from the beginning until the current date. I would like to inquire about the date of joining for the previous employees of Company A.
Options for consideration:
1. Should the EPF enrollment date be considered as the date of joining?
2. Should the date of Company B registration be considered as the date of joining for the old employees who were working in Company A since 2004?
I kindly request your assistance on this matter.
Your prompt response would be highly appreciated.
Thanks/Keerti
From India, Delhi
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Dear All,
Can anyone help me on the confirmation letter drafting..
i had prepared a draft please read and approve as my employer is want to notice period in this..
so please guide me..accordingly.
Date: 21st Nov 2012
Mr. Kumar,
House No. ************,
Faridabad Haryana- 121001
Mob:************
Subject: Confirmation Letter
Dear Kumar,
I am please to inform you that you have been confirmed to the position of Executive – Operations at *********************Pvt. Ltd. with effect from 21st Nov 2012. After receiving of this confirmation letter, you can leave the service of the Company by giving one months’ written notice or salary in lieu thereof.
Similarly the Management may terminate your employment, by giving 15 day’s written notice or salary in lieu thereof without assigning any reasons.
Your salary and other benefits (including accrued leave) will remain as per your previously stated.
Your salary will be reviewed as per company policy and increase will be based upon satisfactory or higher standard of performance in the position.
Your reporting manager will be Mr. **************– Senior Manager.
Please signify your acceptance of these terms and conditions by signing the enclosed duplicate and returning it to HR at the earliest convenient time.
If you need any clarification / support, please feel free to contact HR.
We sincerely look forward to your association with ********************** Pvt. Ltd and are confident that you will use the opportunity with ********************************Pvt Ltd for further improving the growth of your career.
****************************Pvt Ltd. congratulates you on your confirmation and wishes you well in your position.
Yours truly,
For ************************* Pvt. Ltd.
Authorized Signatory
I accept the above mentioned terms and conditions as confirmation to the position of Executive – Operations.
________________
Signature Date: _________
Kumar
From India, Delhi
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Can anyone help me on the confirmation letter drafting..
i had prepared a draft please read and approve as my employer is want to notice period in this..
so please guide me..accordingly.
Date: 21st Nov 2012
Mr. Kumar,
House No. ************,
Faridabad Haryana- 121001
Mob:************
Subject: Confirmation Letter
Dear Kumar,
I am please to inform you that you have been confirmed to the position of Executive – Operations at *********************Pvt. Ltd. with effect from 21st Nov 2012. After receiving of this confirmation letter, you can leave the service of the Company by giving one months’ written notice or salary in lieu thereof.
Similarly the Management may terminate your employment, by giving 15 day’s written notice or salary in lieu thereof without assigning any reasons.
Your salary and other benefits (including accrued leave) will remain as per your previously stated.
Your salary will be reviewed as per company policy and increase will be based upon satisfactory or higher standard of performance in the position.
Your reporting manager will be Mr. **************– Senior Manager.
Please signify your acceptance of these terms and conditions by signing the enclosed duplicate and returning it to HR at the earliest convenient time.
If you need any clarification / support, please feel free to contact HR.
We sincerely look forward to your association with ********************** Pvt. Ltd and are confident that you will use the opportunity with ********************************Pvt Ltd for further improving the growth of your career.
****************************Pvt Ltd. congratulates you on your confirmation and wishes you well in your position.
Yours truly,
For ************************* Pvt. Ltd.
Authorized Signatory
I accept the above mentioned terms and conditions as confirmation to the position of Executive – Operations.
________________
Signature Date: _________
Kumar
From India, Delhi
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