Hello All,
Recently, we have faced many issues with employees backing out in the week of joining. Either their current employer persuades them to stay or they accept an offer from another employer.
After waiting for a long 3 months during their notice period, we discover that the candidates are not going to join, which is very frustrating. Unfortunately, this has become a common occurrence in IT companies.
Is it legal to request the original degree certificate as a security measure during the offer letter processing stage? We plan to return the certificates on the day of joining along with the appointment letter. (We can also include this in the offer letter).
Please provide guidance.
Thanks, Mansi
From India, Ahmedabad
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5Recently, we have faced many issues with employees backing out in the week of joining. Either their current employer persuades them to stay or they accept an offer from another employer.
After waiting for a long 3 months during their notice period, we discover that the candidates are not going to join, which is very frustrating. Unfortunately, this has become a common occurrence in IT companies.
Is it legal to request the original degree certificate as a security measure during the offer letter processing stage? We plan to return the certificates on the day of joining along with the appointment letter. (We can also include this in the offer letter).
Please provide guidance.
Thanks, Mansi
From India, Ahmedabad
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Hi,
You can ask the new joiners to sign a non-disclosure agreement and retain them. For assistance in drafting, our legal experts can assist you.
Regards, KM Sr. Consultant (Labour and HR Compliance) 7708907021
From India, Bengaluru
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You can ask the new joiners to sign a non-disclosure agreement and retain them. For assistance in drafting, our legal experts can assist you.
Regards, KM Sr. Consultant (Labour and HR Compliance) 7708907021
From India, Bengaluru
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Retaining original degree certificates of employees or would be employees is wrong. Keep standby candidates to cter for would be employees as a safety measure.
From India, Pune
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From India, Pune
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We have one open position for a Senior Web Designer. The salary for this role would be around 60-70k per month. We cannot offer the position to two candidates simultaneously. What if both candidates accept the offer and join, which is not our intention? I do not think cancelling the offer would be a good idea.
From India, Ahmedabad
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From India, Ahmedabad
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We have the NDA in place once they join the organization. Holding the candidate and making sure that they join on the promised date is a major concern right now
From India, Ahmedabad
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From India, Ahmedabad
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Stand by candidate should only be told that his application is in process. Balancing act would be needed.
No would-be candidate should be given wrong assurances but can be kept on a list so if X doesn't join, Y can be called.
From India, Pune
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No would-be candidate should be given wrong assurances but can be kept on a list so if X doesn't join, Y can be called.
From India, Pune
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What if the employee leaves after joining and receiving the original documents back?
You can keep the documents of the joined employee if no law is objecting it, but give a receipt for it.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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You can keep the documents of the joined employee if no law is objecting it, but give a receipt for it.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Retaining or keeping in custody any personal property of others, such as academic certificates/testimonials, without consent - expressed or intended, is outright unlawful and shall amount to withholding it under duress.
Persons not joining a job in spite of an employment offer letter or appointment letter cannot be coerced by certificate retention. Rather, examine the root cause of such persons not joining, which, when truthfully evaluated, may surprise or shock us.
Kritarth Team
30.8.19
From India, Delhi
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Persons not joining a job in spite of an employment offer letter or appointment letter cannot be coerced by certificate retention. Rather, examine the root cause of such persons not joining, which, when truthfully evaluated, may surprise or shock us.
Kritarth Team
30.8.19
From India, Delhi
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