This regarding your query with regard to an employer not willing to give a relieving letter to an employee whom you wish to recruit.
1. It is an employee's legal right to choose to resign from the employment of an employer for whatever reasons.
2. No employer can compel an employee to continue to work for him.
3. If the employee has fulfilled the terms and conditions stipulated in his/her Appointment Letter with regard to his/her "Exit", the employer does not have any legal right to hold him back against his wishes.
4. The best course of action would be:
a) Obtain a copy of the Resignation Letter which the candidate has submitted to his previous employer. If it has not been ancknowledged, then ask the candidate to send it by Registered Post. Retain the letter and the receipt of the Regd. letter in his personal records.
b) Obtain a written Undertaking from the candidate to the effect that:
(i) He confirms having resigned form the Services of the Co./Organization he/she was working before.
(ii) He confirms that theer are no outstanding dues he is liable to pay to his previous employer.The HR person of the cuurent(new Co.) could also write to the previous employer stating that the said candidate has resigned from his ( previous employer's) organization and that he has joined your Co. Request the previous employer to release him and allow the concerne dcandidate to settle his dues.
(iii) he undertakes that in the event his previous employer takes any action against him, it shall be his responsibility in its entirety and he shall have to face the consequences. However, if the candidate has not done anythinh wrong,as an HR person you should support and guide him.
(iv) Always keep the BOSS informed.
Best Wishes,
Vasant Nair
From India, Mumbai
901. It is an employee's legal right to choose to resign from the employment of an employer for whatever reasons.
2. No employer can compel an employee to continue to work for him.
3. If the employee has fulfilled the terms and conditions stipulated in his/her Appointment Letter with regard to his/her "Exit", the employer does not have any legal right to hold him back against his wishes.
4. The best course of action would be:
a) Obtain a copy of the Resignation Letter which the candidate has submitted to his previous employer. If it has not been ancknowledged, then ask the candidate to send it by Registered Post. Retain the letter and the receipt of the Regd. letter in his personal records.
b) Obtain a written Undertaking from the candidate to the effect that:
(i) He confirms having resigned form the Services of the Co./Organization he/she was working before.
(ii) He confirms that theer are no outstanding dues he is liable to pay to his previous employer.The HR person of the cuurent(new Co.) could also write to the previous employer stating that the said candidate has resigned from his ( previous employer's) organization and that he has joined your Co. Request the previous employer to release him and allow the concerne dcandidate to settle his dues.
(iii) he undertakes that in the event his previous employer takes any action against him, it shall be his responsibility in its entirety and he shall have to face the consequences. However, if the candidate has not done anythinh wrong,as an HR person you should support and guide him.
(iv) Always keep the BOSS informed.
Best Wishes,
Vasant Nair
From India, Mumbai
Yes I agree with one of the responses I read on this issue. The "EXIT" of the candidate from his previous employment should be neat and tidy. Vasant Nair
From India, Mumbai
From India, Mumbai
Hi Sunita,
You can do the following things:
Get a copy of his last drawn paylsip
Get a copy of his offer letter
Get a Background check done.
Get a copy of form16
As of now, he can submit a resignation acceptance and then post joining he can submit a copy of his releiving letter(but please get a resignation acceptance atleast or you will have a problem during audits). Do get a letter in writing which states the reason for not submitting the releiving letter and get an email approval from your manager which mentioned that this candidate has been hired without a relieving letter because of business need. File a copy of the letters and emails in his personal file.
Ask him to submit a copy of resume without mentioning the name of his last company(but this very risky and you need to keep your manager informed and get his approval)
Buy out his notice period.
From India, Mumbai
You can do the following things:
Get a copy of his last drawn paylsip
Get a copy of his offer letter
Get a Background check done.
Get a copy of form16
As of now, he can submit a resignation acceptance and then post joining he can submit a copy of his releiving letter(but please get a resignation acceptance atleast or you will have a problem during audits). Do get a letter in writing which states the reason for not submitting the releiving letter and get an email approval from your manager which mentioned that this candidate has been hired without a relieving letter because of business need. File a copy of the letters and emails in his personal file.
Ask him to submit a copy of resume without mentioning the name of his last company(but this very risky and you need to keep your manager informed and get his approval)
Buy out his notice period.
From India, Mumbai
Dear Sunita,
I have some opinion as follows :
1. Firstly , I agree with Jagad Prashant that your company will not give relieving letter to the employee who left the organization without giving you a notice period ...
2. Labour force, is simply commodity, therefore, s/he can sell any where in the labour market ..Your Company are in need of hiring him. S/he ready to work, you perform your reposibility that all . why are you asking for relieving letter ? for what purpose ? I affraid that you will lose him ...the best suitable for your company's project .
3.No need to ask him for taking the last 3 months salary slip because as I said labour is commodity , and everyone wants to sell with the high price and otherwise you are the buyer you should negotiate the price with him .
4. For some special cases , relieving letter seem not to be necessary as the recuitment procedure and it also not the thing to assess your occupation ethics , while you do the right thing for your Company's benefit
Regards,
Ta Tat Luong
From Vietnam, Hanoi
I have some opinion as follows :
1. Firstly , I agree with Jagad Prashant that your company will not give relieving letter to the employee who left the organization without giving you a notice period ...
2. Labour force, is simply commodity, therefore, s/he can sell any where in the labour market ..Your Company are in need of hiring him. S/he ready to work, you perform your reposibility that all . why are you asking for relieving letter ? for what purpose ? I affraid that you will lose him ...the best suitable for your company's project .
3.No need to ask him for taking the last 3 months salary slip because as I said labour is commodity , and everyone wants to sell with the high price and otherwise you are the buyer you should negotiate the price with him .
4. For some special cases , relieving letter seem not to be necessary as the recuitment procedure and it also not the thing to assess your occupation ethics , while you do the right thing for your Company's benefit
Regards,
Ta Tat Luong
From Vietnam, Hanoi
just go thought the proper background verification. Take reference no from his last company and speak with them. After checking u can decide.
From India, Mumbai
From India, Mumbai
Hi Sinitha,
According to me u can hire that candidate as it is need of ur company. But b4 hiring just do a reference check of that candidates regarding his previous performance and all.
Thanks,
Puja Kumar
From India, Bangalore
According to me u can hire that candidate as it is need of ur company. But b4 hiring just do a reference check of that candidates regarding his previous performance and all.
Thanks,
Puja Kumar
From India, Bangalore
I also faced this problem in past. I adopted following strategies :
1. Make your management aware of the risk involved.
2. As far as possible give few days to the employee to get properly relieved & bring proper documents.
3. If not relieving letter, the candidate should be able to produce copy of the resignation duly forwarded by his previous HoD.
4. Take a letter from the employee stating this is not amounting to double employment and any litigations if arise out of this shall be the responsibility of the employee.(this is not ethical since it is for your need, but it will save your skin)
5. Try to contact the HR dept. of his previous employer and understand the facts. Remember you could also be on the other side of situation any day !!
1. Make your management aware of the risk involved.
2. As far as possible give few days to the employee to get properly relieved & bring proper documents.
3. If not relieving letter, the candidate should be able to produce copy of the resignation duly forwarded by his previous HoD.
4. Take a letter from the employee stating this is not amounting to double employment and any litigations if arise out of this shall be the responsibility of the employee.(this is not ethical since it is for your need, but it will save your skin)
5. Try to contact the HR dept. of his previous employer and understand the facts. Remember you could also be on the other side of situation any day !!
Dear All,
Thanks again....
Prashant let me tell you the fact that the company this resource is working with is owned by 2 friends and as such they don't have any HR/Personal dept.One of the frnd is abroad and the other takes care of the Indian operations here......... so I don think so that I cal expect such a mail form HR dept when there is not one in place.
From India, Hyderabad
Thanks again....
Prashant let me tell you the fact that the company this resource is working with is owned by 2 friends and as such they don't have any HR/Personal dept.One of the frnd is abroad and the other takes care of the Indian operations here......... so I don think so that I cal expect such a mail form HR dept when there is not one in place.
From India, Hyderabad
as far as with my experience i have an understanding that there can be no action taken in such case.So you an smoothly hire this candidate but just to be on the safer side check with him if he can submit the relieving letter later on.. I don see any complications with this ...
From India, Mumbai
From India, Mumbai
Dear Sunita
A person cannot be engaged without getting cleared from his previous employer. In case if the previous employer is not giving relieving order then you can instruct the candidate to submit his resignation by quoting his last day of attendance and payment of notice pay details to the company by giving an authority letter to recover from his final settlement or he can attach a cheque for that amount of notice pay along with the resignation letter (as per the agreement by the company engaged him for making good of notice pay at the time of resignation).
Then you can engage the candidate for the post with the receipted copy of the resignation letter.
With warm regards.
S. Bhaskar
9908732667
From India, Kumbakonam
A person cannot be engaged without getting cleared from his previous employer. In case if the previous employer is not giving relieving order then you can instruct the candidate to submit his resignation by quoting his last day of attendance and payment of notice pay details to the company by giving an authority letter to recover from his final settlement or he can attach a cheque for that amount of notice pay along with the resignation letter (as per the agreement by the company engaged him for making good of notice pay at the time of resignation).
Then you can engage the candidate for the post with the receipted copy of the resignation letter.
With warm regards.
S. Bhaskar
9908732667
From India, Kumbakonam
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