| Dear Sanusoman
Thanks for your input, I agree that "right to employment and livelihood is not a fundamental right even after 62 years of independence! " as it does not find a place in the Part II of the Constitution of India (Article 12 to Article 35).
Perhaps rightly so, as it would put the onus on the State to provide employment and livelihood to every citizen.
However, I meant it specifically in the context of "a Indian citizen has a Fundamental Right to employment and livelihood in any corner of the country" thereby meaning any company and any employer.
Art. 19 - Right to certain freedoms, ensures it.
Art. 23 - Prohibits forced/bonded labour.
In any case; please consider my statement in an emotional and humanistic context. Dear Mr. Vasant Nair - Thank you for your opinion. Dear Richa
Hope the discussions have been helpful to you.
I understand that, next you"ll need to convince your superior/boss, which you can do so now.
You already have the copies of Offer letter and current salary slip; which obviate the need of an experience letter.
Since you need an early joining, you can not expect the prospective employee to provide a Relieving letter. It is not required, if you are convinced (upon some documentary evidence) of the person having tendered his/her resignation.
Regarding some expressing apprehension about potential action by ex-employer; generally it does not happen; and you should not lose a good resource by being "hypochondriac" because a prospective employer can not be held responsible for any act of employee with his former employer. It is the employee, and employee alone, who shall be held responsible (if at all).
Nevertheless, if your company is "paranoid", then ask the person to produce an Indemnity Bond (on non-judicial stamp paper of Rs. 50/100), so that your company remains legally immune in case of any such action by ex-employer.
Note : The above holds true for recruiting white-collar employees. In case of blue-collar employees, especially technical manpower like crane-operators, machinist, electrician or any trades-man, it is better and convenient to seek Experience Certificate, especially if one is not conducting any Trade Test for assessment.
Hope you will find the above, helpful in solving your query.
Warm regards. |