Hi Sunit,
you can buy his notice period. and then also if the present employer doesnot give the relieveing letter, then ask that person to bring the ful & final settlement papers after you buy the notice period. that also helps you to prove that the employee had been releived from the x employer.

From India, Delhi
Sunitha-

While i would go by the company's need for the time being but to close all loose ends, i would request the guy (who doesnt have relieaving letter) to mark a BCC in all his correspondance with his previous organization asking for a seperation documents (inculding resignation if he hasnt done so). The positive aspect of this move is that you are really assured that the guy is attempting to get his seperation documents (which indirectly proves that he has resigned in this case) and the folks at his previous org are not helping him out. This atleast gives you some confidence in him. If he doesnt mark you in BCC then i would be open to ask a painful question - has he really resigned???? and has joined your firm for good??? Usually it happens that the guy might have applied for a long leave (e.g. - 3weeks or at times 8weeks) and is in your org to check wether everything is upto his expectation... and if he doesnt find the work good.... presto he will vanish and you will be left high and dry.... then the likely consequece is your inability to recruit good candiadtes. So my suggestion is monitor this guy, by way of his correspondance with his managment in his previous set up, 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 rlevant communications in his employee file for future referances....its tricky...and could get messy if you fail to monitor....and at the same time its not a good practice to do such things.....its a bad HR practice... but guess every now and then.. we all ahve to do dirty jobs....the skill is to manage it well while keeping all ends closed... :)

From United Kingdom, London
Better to tell your management that they need to wait till the new hire gets 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
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
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
Sunita,
Hiring anyone without relieving letter is not only against ethics, but may potentially expose your company to legal issues. If required, the present employer can file legal notice to the employee any time on Non Disclosure Agreement he/she might have signed during his/her tenure with that company. If that employee is your employee at the time of legal notice, then your company will also be part of that legal notice. This will not only waste your resources (money, time) but may also damage your credibility in the market.
I still suggest you educate hiring manager not to cut short the joining formalities for smaller gain. Ask him to manage the project for some more time without this resource as he is managing now.
Regards,
Ashok

From United States, San Diego
I agree with Peer Mohamad. What he says is perfectly correct. You have 2 put ur foot down somewhere. their is possibility that the candidate might get the relieving letter, or else he is taking time & might take a chance to increase his paypack in his company or some were else................Be Aware of that.
From China
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
Sunita,
Nowadays most of the companies are recruiting people even without relieving letter because it's the need of the hour. Having said that it is important to atleast ask the said employee to provide copy of the resignation acceptance atleast. He may also be asked to forward the resignation letter/mail that he would have sent to his manager. The only consequence, to my mind, is of double employment, which in any case is something which an employee has to bother.
Regards,
Rajesh

From India, New Delhi
Hi Sunita,
As everyone stated....try to get his resignation acceptance copy and do not share any of your company secret documents till the scenario get settled.
AND you can give a reference check / past employment verfication call to his current company to know the truth of his resignation (Speak to any of the Senior HR) and your e-mail would be a direct message to them that so & so.. has been recruited with your company w/out relieving letter.
Thanks
kevina

From India, Ahmadabad
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