Hi all!.
Some of the so called CMM Level 5 companies , ISO 9001 companies, Big MNC's are not asking for these relieving letters these days, especially in the IT industry. As the HR Dept of these companies have pressures to hire for a specific project, the HR dept are bypassing all these and recruiting candidates without proper documentation. The HR people have to question themselves whether they are following the right practices or not. They need to be honest, respect values, and have integrity.
Thanks,

From India, Hyderabad
Hi Ankit..

See.. its very true if somebody is showing you the Appointment letter of previous employer, then he is not working with them.. He might be still associated with them or might be abscond from there.. But it may lead to dual employment, which is against the Law..

So definitely we must ask for relieving letter and experience letter from the employee while joining.. And definitely should cross check with the references he provided.

And to stop absconding cases, we must issue a warning letter to those who are absent for a long duration, without taking approval from their seniors.

We must state clearly that you are directed to resume your duties within 48 hours of receiving this letter, and if he doesn't do resume even.. then we must send another letter that stating clearly that if you don't resume your services.. it will lead to termination from the organisation..

And after that can send the Termination letter..

And do send these warning letters, and all such through registry.. so that we must have valid supporting with us for the termination.

Hope it might work to stop such activities further..

Regards,

Amit Seth.

From India, Ahmadabad
Hi, :D
Ya Relieving and Service Letters have really lost their Importance.
My past employer also have not gave me relieving letter as he was not willing to relieve me at all. I joined the new company there I submit only my Certificates and Form - 16 of past employment.
Hence, I also stoped to ask for relieving letters from new employees.
Regards,
Narendra

From India, Mumbai
Dear All,
This is no doubt a serious issue in the industry today. But we some how need to find a solution to this. I am again an Executive HR in a software firm and i dont entertain candidates without a relieving letter. I have personally faced this problem to the max. Employees hardly bother about relieving leters. They quit just for slight hike and some times may be because of the domain they are intrested in.
Well i guess legally speaking there should be some kind of law which states dual employment. Probably if we get to know which company the person is currently working then we could file the case aginst both.
But I seroiusly have no idea if it works. In case if it works then what is the procedure for it?
Regards
Arshiya

From India
Hi Shilpa,
It is equivalent to "No one can change you unless you want yourself to get changed"
And hence the company must change its policies accordingly. I dont know how they allow the employees without the letter from the other company.if they do so then wat the new employee will think about the company where he joins and what will be his loyalty towards the company??? :?:
hope you have got a better asnwer for your question
Regards,
Gayathiri

From India, Madras
Hi,
I am in total agreement that the Relieving Order is slowly losing significance. The blame can be attributed to the mad rush for talented and sometimes not - so - talented people. The new employer is only worried about filling up the vacancy as fast as possible and the employee in switching to a better paid job. But what you have to remember is that the same thing might happen to you too - the employee is going to leave without serving the notice period and without you issuing a relieving order.
I think as HR professionals, we have to ensure that we do not encourage such things. If an employee you have selected indicates that he/ she has to serve a 2 month notice period with the current employer, they should be encouraged to do so and leave the current company only after the necessary formalities are complied with. It is a good practice and let us all get together and remove this malaise from the system.
Regards,
Vasudev

From India, Madras
Hi Shlipa..

Well what i want to say is recruiting a candidate without having his relieving letter is common not only in IT Industry where there is a huge demand for manpower, but it is also common in many other Industries. I am working for as a HR generalist for a major Infrastructure company, there were cases when i was forced to recruit candidates for some top positions without receiving their relieving letters, because of my higher ups pressure. At times many companies dont really care for these back up papers as they want the candidate to join them immediately. reasons might be like :

1) That candidate might be a top performer or a critical member in his previous company (competitor to the current company)

2) Due to very urgent business need

3) Candidate is ready to come for a lower pay pack

4) Recruitment targets for HR (PCMM time lines) etc.


I feel we really cant say whether this practise is right or wrong, i feel that it can be decided only on case to case basis.

regards

Harsha.

From India
Hello Friends,

Its an interesting topic to have debate on. I went through the valuable suggestions of all of you. I would like to share my views on this topic. All the new joinees must be asked atleast for the relieving letter without which they should not allowed to join. If we don’t ask for the relieving letter it might have very serious implication on us. It might be possible that the person had not resigned / relieved from previous company. And people indeed follow such practice due to the their apprehensions of new work environment. They first want to see the atmosphere prevailing in the new organization before resigning from the previous company. In such cases if the person has not resigned/ relieved and has been on the rolls of both companies, the previous employer may sue the new employer of that employee. While the new employer may also land into the loss if the said employee leave the new company to continue with previous company. I work with Real Estate Company at Delhi and we faced such critical situation where we hired a person at VP level who told us to submit the relieving letter later on and due to his high profile we agreed but later on we found that he did not resign from previous company and still was on its roll. Ultimately we had to ask him to leave us. To avoid such unfortunate situations we must ask for the relieving letter without fail.

As far as urgency is concerned we may hire the person on urgent basis without giving her time to serve notice period and we may pay an amount to him/her against shortfall of notice period. What I mean is that if the said person has to join urgently due to which he/she cannot give notice to previous employer he/she may pay the amount to previous company against the shortfall of notice which should be compensated by the new employer on production of “Short Fall of Notice Certificate” by previous employer. The same practice is being followed by most of the professional organizations now a days because no body wants to give much time to join for the critical position and prefer to pay for the shortfall of Notice.

Amit Goyal

From India, Delhi
Dear Amit,
Thanks a lot for your valuable inputs... frankly speaking I wasnt aware that not asking for a relieving letter might result this extent..
Also, in my view, people who join top positions are often let off without asking the backup papers, in these kind of situations, whom do you think should be blamed? The HR Dept or the Dept heads? Very often the HR has lot of pressure from the Dept Heads due to which the back up papers are neglected...
regards
Harsha.

From India
Hi Harsha,

Yes you are very right that in most cases the HR remains under pressure from HODs to hire employee even if he/she does not have requisite documentary proofs. But we at HR must constantly ask for the documentary proofs before releasing the appointment letter. In most of the cases the relieving letter is not issued immediately and it takes some time. In such cases we must atleast ask for the accepted copy of resignation letter along with the written undertaking by the new joinee that he has already resigned on such and such date and will be relieved by such and such date. As soon as he/she gets the relieving letter, the same will be submitted. Also, the name of the contact person in HR of previous company along with company address and contact numbers must be taken on the same undertaking. We may now make initial inquiry from his previous employer as to whether that person has resigned or not. This will keep us on safer side and we will not be liable for any legal action by his/her previous employer.

Amit Goyal

From India, Delhi
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