Hey Sunita,
This the problem we face each and everyday in our company...As we always have a least dead line for hire....So we have discussed this with our senior management and implemented a new policy.Candidates who cannot submit their reliving documents, we can consider them only if they will provide us a resignation letter duly signed by his immediate boss or a no-Objection letter. But be careful in that case too you need to match the references the guy has provided. As the candidates are leaving their company early they are also loosing some money like PF and rest of the month salary or Annual bonus. So HR dept. should be bit lenient towards their concerns.Because I think If you(Company) care for the people they will care care you. And I feel That's above all the ethics.
Please let me know your views.
Thanks,
Asitav

From India, Bhubaneswar
Dear Sunita
A contemporary similar post is continuing in this forum, here's the link. Hope it helps you in getting more inputs on the issue :
https://www.citehr.com/180282-new-em...tml#post792374
I have responded to this thread which I am quoting herewith FYKI :
Regards.

From India, Delhi
It would be adviseable to get the person with proper relieving letter. Though the requirements are urgent and needed, and if we take the person without a relieving letter, probably he must have been in service bond or he would have to pay some dues to the company. Moreover, his earlier company if they know that he is serving your company can also write to your Management on this. It would be better if you buy time and ask the individual to submit his relieving letter. There may be chances that the employee may be given counter offer by his present employer. Please also keep in view

If the position is very urgent & have provide the manpower immediately. you can recruitment him without relieving order. because this is requirement of company. so, no need to worry.you can go head and accept his joining without relieving order.

Dear sunita,
this is what i feel,................. have a clear talk with the manager (who badly wants the candidate) about current scenario of candidate w/o reliving letter, take him in confidence and your side (hence you will not face stiff later).
along with that wht som othrs hav posted go with that too.
giving candidate an notice of last date, and offer letter can be declined if RL NOT submitted in time.......ETC
DONT BE EASY ON NO RL AS MY COLLEAGUE HAS FACED A BOMB FOR DOIN SUCH A THING AND THT EEE WAS ENJOYIN WORKN IN 2 CO.

From India, Pune
as being hr, there is no problem to recruit new employee without releiving letter but we can ask for period in which we can demand the said certificate from him.if it is necessesity to recruit such a skilled person for project we should make exception for hr policy. because we can't find such a skilled manpower in time.
From India, Pune
Dear Sunita,
Before you check for releiving letter, pls go through, whether the incumbent has been issued appointment order by the previous company. Read through the agreement, as what it says regarding his termination.
If he has a valid appointment letter, it is better to get the releiving letter too, before you hire him/her. In case, if he was not releived officialy, he can be sued for Double employment by his previous employer and as you being the new employer will hold responsibility and liable legally.
These are the legal consequences .
regards
David Wilson

From India, Kochi
Sunitha You are not suppose to get a resource on board with out the releaving letter, Another wy is to buy the notice Regards Simon
From India, Bangalore
Dear Sunita,
In my view.
You can Hire him if your situation is worse ( Niche time to get another resource, he got selected after so many rejectes). and you should not reveal that the candidate did not submitted his relieving to the Technical department.
Find out the project duration and tell him at any cost you need the relieving letter from him as there are possibilities to send him abroad where all the documents are necessary to submit at Consulate. Give him the duration till his probation. Try for some more resources also. where as the management will be bothering about the Billing. If the candidate is not there then they will lose the amount. So think about their point of view also.
Best Regards
Naren
Manager - Human Resources
JNET Technologies Pvt Ltd.

From India, Hyderabad
Dear Sunita,

As I am too new to HR industry but still I have some good points.

1. Now think inversely that your employee left the organization without giving you a notice period then will your company/You will give him relieving letter? if yes then ask for the relieving letter and if no then why are you asking for relieving letter.

2. I have read all the answers from all member and what I found that some are telling that you can ask for a relieving letter after by giving him time but will he able to meet your requirement as he left the company without providing notice period?

3. As the candidate is best suitable for your project then hire him by taking the last 3 months salary slip and photocopy of appointment letter.

4. None of member have taken the side of candidate. He is ready to join because he is getting good opportunities in terms of hike/responsibilities. But if you hire him by giving some time that you have to submit relieving letter on following date and things not work properly, and he fails to provide the relieving letter as you know the reason then what you will do? whethe you will take his side or you will fire? coz what I think is if you think you will fire then don't recruit him coz if you do then you are ruining someone's career.

Regards,

Jagad Prashant

Ahmedabad

From India, Pune
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