The best option is to stick by the rules of your Organization and the governing HR policies as applicable.
If this is a "must hire" then present the case to Sr.Management and arrive on a solution by ensuring that the higher ups in your Organization are well aware of the hiring approach and approve bending the existing rules for business reasons.
On the contrary if you are calling the shot then the responsibility rests on your shoulder and will be placing your reputation and decision making prowess at stake should the other employer lodge a complaint to your Sr.Management over unethical hiring (technically "poaching").
If one can't bend the rules then don't attempt to break, just live by it.
If this is a "must hire" then present the case to Sr.Management and arrive on a solution by ensuring that the higher ups in your Organization are well aware of the hiring approach and approve bending the existing rules for business reasons.
On the contrary if you are calling the shot then the responsibility rests on your shoulder and will be placing your reputation and decision making prowess at stake should the other employer lodge a complaint to your Sr.Management over unethical hiring (technically "poaching").
If one can't bend the rules then don't attempt to break, just live by it.
Dear Sunita,
Do not hire a preson without having a proof that he has releived from his last employer. Sooner or later in absence of releiving letter he will definetly move back to his employer. Atleast ask him to sbumit the copy of resignation duly accepted by the his divisional head, however you will have to check the authenticity of the same.
There are more chances of moving back to last employer if you allow him to join without any such docuemnent.
As far as consequences are concerned once a candidate sign all the employment form with new employer, you may take necessary action against him. But last employer can not be blamed for it as he has given any relieving letter and same person can not be on two rolls at a time.
Best Regards
Amit Tomar
From India, Delhi
Do not hire a preson without having a proof that he has releived from his last employer. Sooner or later in absence of releiving letter he will definetly move back to his employer. Atleast ask him to sbumit the copy of resignation duly accepted by the his divisional head, however you will have to check the authenticity of the same.
There are more chances of moving back to last employer if you allow him to join without any such docuemnent.
As far as consequences are concerned once a candidate sign all the employment form with new employer, you may take necessary action against him. But last employer can not be blamed for it as he has given any relieving letter and same person can not be on two rolls at a time.
Best Regards
Amit Tomar
From India, Delhi
Hi Sunita,
A lot of times it does happen when there are ethical dilemma due to pressures in hiring and there are pressures from managers to meet deadlines and we end up hiring the wrong person.
It is always better to go through a proper procedure.
Though you can always talk to your RM and discuss the situation. To be on the safer side do a RefCheck on him.
As our other members say buy his notice period, but do not do this without a proper RefCheck on him.
Regards,
Pragya Giri
From India, Pune
A lot of times it does happen when there are ethical dilemma due to pressures in hiring and there are pressures from managers to meet deadlines and we end up hiring the wrong person.
It is always better to go through a proper procedure.
Though you can always talk to your RM and discuss the situation. To be on the safer side do a RefCheck on him.
As our other members say buy his notice period, but do not do this without a proper RefCheck on him.
Regards,
Pragya Giri
From India, Pune
Hi Sunita,
I could not understand why there is such panic... if you have recruited a person without releaving letter. Lets first understand why we ask documentary proofs such as pay slip, letter of appointment or releaving letter.
We ask appointment letter and payslip and releaving letter for so many reasons:
1. to check his duration in previous employement
2. to check his growth in the organisation and current remuneration.
3. to check that he has not done any fraud with his previous employer and has cleared his account amicably.
Since you told that it was need of your company to hire a person in very short time... so it is obvious he can not serve the notice period to his current employer... therefore, the company is going to deduct one months wages in lieu of notice period. But possibilities are... that he might not have that much amount left in his credit or he could have taken loan which can be forfeited to his account, then probably he will not go for taking his full and final.... In such circumstances, there is a doubt on his integrity.
He could have left the company without giving notice.. but after selling his one month wages to the company... and your company should have buy it. But if your company is not ready to buy it so you should not be worried whether he has settled his account or not.
Though, the employee should settle his account with his previous employer whether paying one month salary or getting it waved off.. and in both cases the employer will issue him a releaving letter but in all cases where an employee have joined without serving notice... it is all in probability that he can not produce releaving letter at the time of joining but yes he should submit it later.
One thing is sure that it is going to cost the employee... as he may need to travel to previous company to settle his account and obtain releaving letter.. he has to bear the travelling expenses, notice pay cost & the wages cost for the period he will be on leave for the purpose.
But if he can produce appointment letter... and last month payslip... your purpose of knowing his previous employment and pay history is served... but the credential check is remain in doubt unless he produce a relieving letter.
Rest it is upto the management.. there is nothing against policy.. policies are made to facilitate the organisation... and you have done the same.
From India, Coimbatore
I could not understand why there is such panic... if you have recruited a person without releaving letter. Lets first understand why we ask documentary proofs such as pay slip, letter of appointment or releaving letter.
We ask appointment letter and payslip and releaving letter for so many reasons:
1. to check his duration in previous employement
2. to check his growth in the organisation and current remuneration.
3. to check that he has not done any fraud with his previous employer and has cleared his account amicably.
Since you told that it was need of your company to hire a person in very short time... so it is obvious he can not serve the notice period to his current employer... therefore, the company is going to deduct one months wages in lieu of notice period. But possibilities are... that he might not have that much amount left in his credit or he could have taken loan which can be forfeited to his account, then probably he will not go for taking his full and final.... In such circumstances, there is a doubt on his integrity.
He could have left the company without giving notice.. but after selling his one month wages to the company... and your company should have buy it. But if your company is not ready to buy it so you should not be worried whether he has settled his account or not.
Though, the employee should settle his account with his previous employer whether paying one month salary or getting it waved off.. and in both cases the employer will issue him a releaving letter but in all cases where an employee have joined without serving notice... it is all in probability that he can not produce releaving letter at the time of joining but yes he should submit it later.
One thing is sure that it is going to cost the employee... as he may need to travel to previous company to settle his account and obtain releaving letter.. he has to bear the travelling expenses, notice pay cost & the wages cost for the period he will be on leave for the purpose.
But if he can produce appointment letter... and last month payslip... your purpose of knowing his previous employment and pay history is served... but the credential check is remain in doubt unless he produce a relieving letter.
Rest it is upto the management.. there is nothing against policy.. policies are made to facilitate the organisation... and you have done the same.
From India, Coimbatore
Releiving letter is important but remember today's world no body wants to releive a competent person that exactly happend with me also. I also could not submit my releiving letter to my present company..........but however I have show them the resignation letter that shows I have served notice period.....
Now in your case He has not served notice period...and jumped on a lucrative offer....so it is natural to assume that he is of such kind. When a person works with some company he have certain legal as well as moral responsibility that he should perform.........I think he should serve the notice period and show that he has served the notice period clearly .......and in that case there is no need to have the releiving letter............
Now question may arise why.generally after serving notice period companies do not issue experience/ releiving letter by taking the alibi of financial discrepancies. so you can pay money in that case.
If the previous employer file a case after serving notice period (even through without pay) court will take liberal view for the candidate even though monetary matters involve.........but without serving notice period ....its immoral, unethical.......and illegal
From India, Calcutta
3Now in your case He has not served notice period...and jumped on a lucrative offer....so it is natural to assume that he is of such kind. When a person works with some company he have certain legal as well as moral responsibility that he should perform.........I think he should serve the notice period and show that he has served the notice period clearly .......and in that case there is no need to have the releiving letter............
Now question may arise why.generally after serving notice period companies do not issue experience/ releiving letter by taking the alibi of financial discrepancies. so you can pay money in that case.
If the previous employer file a case after serving notice period (even through without pay) court will take liberal view for the candidate even though monetary matters involve.........but without serving notice period ....its immoral, unethical.......and illegal
From India, Calcutta
Hi Sunitha,
A HR professional has to act on a situation basis.You can have his reference check first. Collect the references of his/her reporting person and HR person, contact them over the telephone ( company land phone) have a word with them to confirm , then collect his / her last 3 months salary slip and Offer letter.This will be sufficient if the candidate don't have a relieving papers to submit.
Regards,
Anu.
From India, Kochi
A HR professional has to act on a situation basis.You can have his reference check first. Collect the references of his/her reporting person and HR person, contact them over the telephone ( company land phone) have a word with them to confirm , then collect his / her last 3 months salary slip and Offer letter.This will be sufficient if the candidate don't have a relieving papers to submit.
Regards,
Anu.
From India, Kochi
Relieving letter is always a requirement of the recruiting organization, not the potential employee or the relieving company. It is unethical for any company to withhold relieving letter but it is equally unethical for the recruiter to make it a condition for employement....its like playing god. Why not start a strong reference based recruiting instead....that saves lot of doubting time.....
Anandarup
From India, Madgaon
Anandarup
From India, Madgaon
There is no need of relieving letter if the person has resigned from previous organisation. pls get the copy of resignation as submitted by him to his previous organisation. All the best
From India, New Delhi
From India, New Delhi
Dear Sunita,
There are lot of good candidates working in small to medium scale sectors. So you have to look into this "Relieving letter issue" in Macro situation and to pay emphathize to the situation. If everyone wants experienced candidate from where u get experience?
So if everything is to be done to to...then there is no need for a experienced HR Manager for the company in the first place.
You should view where he worked, how he worked, how long he worked. Today 90% of Pvt.Ltd. companies never give relieving letter for the fear of non-registering PF, ESIC, Workmens Compensation Act., BMC Labour tax every 6 months return submission, and TDS not deducting etc.
It is a well known factor so you should understand the situation.
Secondly, if the person comes from a reputed company; but unable to get a relieving letter then;
1. Obtain Resignation letter which should be with notice period.
2. If Notice period is not fullfilled then they will not pay their salary, so you have to compensate him.
3. When you need a good candidate but the present company he works does not pay well and also not relieving him officially then that is not a big issue for you. As far as the salary and TDS is concerned you will deduct as to what u pay him.
4. No need to worry.
5. Credentials can be checked thru his contacts, who would vouch on him; say his companies Bank Manager, or some other officer, or some CA who knows him well. etc.
On the whole HR should not stand as a threatening issue but cordiall relationship should be made and when you have free discussion with the candidate you will know the persons difficulty.
After all we all human beings and living the life with all round problems. So we everyone should be helpful but workwise be alert.
From Saudi Arabia
There are lot of good candidates working in small to medium scale sectors. So you have to look into this "Relieving letter issue" in Macro situation and to pay emphathize to the situation. If everyone wants experienced candidate from where u get experience?
So if everything is to be done to to...then there is no need for a experienced HR Manager for the company in the first place.
You should view where he worked, how he worked, how long he worked. Today 90% of Pvt.Ltd. companies never give relieving letter for the fear of non-registering PF, ESIC, Workmens Compensation Act., BMC Labour tax every 6 months return submission, and TDS not deducting etc.
It is a well known factor so you should understand the situation.
Secondly, if the person comes from a reputed company; but unable to get a relieving letter then;
1. Obtain Resignation letter which should be with notice period.
2. If Notice period is not fullfilled then they will not pay their salary, so you have to compensate him.
3. When you need a good candidate but the present company he works does not pay well and also not relieving him officially then that is not a big issue for you. As far as the salary and TDS is concerned you will deduct as to what u pay him.
4. No need to worry.
5. Credentials can be checked thru his contacts, who would vouch on him; say his companies Bank Manager, or some other officer, or some CA who knows him well. etc.
On the whole HR should not stand as a threatening issue but cordiall relationship should be made and when you have free discussion with the candidate you will know the persons difficulty.
After all we all human beings and living the life with all round problems. So we everyone should be helpful but workwise be alert.
From Saudi Arabia
I am a recruiter in the U.S. and after reading your posting I have a few thoughts.
Ethics is always what you live by but in the case of your ethics being challenged by a hire you must do a couple of things. Always protect yourself!
1. Don't ever make it your decision to change company policy! Challenging company policy is good but it must make sense. In this case I would not challenge the policy. Go to the hiring manager and senior management in HR and let them work together on making the decision. This takes the decision off of your hands and puts in in the hands of management. Management will then have to answer to the executives for any decision.
2. When it comes to documentation you can always ask for supporting documents. In the states asking for taxes to prove income, especially in a sales or IT position. Check stubs or offer letter from previous employer, certificates earned (these often have the companies name on it).
From United States, Schiller Park
Ethics is always what you live by but in the case of your ethics being challenged by a hire you must do a couple of things. Always protect yourself!
1. Don't ever make it your decision to change company policy! Challenging company policy is good but it must make sense. In this case I would not challenge the policy. Go to the hiring manager and senior management in HR and let them work together on making the decision. This takes the decision off of your hands and puts in in the hands of management. Management will then have to answer to the executives for any decision.
2. When it comes to documentation you can always ask for supporting documents. In the states asking for taxes to prove income, especially in a sales or IT position. Check stubs or offer letter from previous employer, certificates earned (these often have the companies name on it).
From United States, Schiller Park
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