Hello,
In the past few months, I have been facing this problem many times, so I want your help with it. Sometimes, when people are selected, they take their offer letter and never come again to join. This time, one of our outstation candidates made us wait for around two months like this and even then also didn't join. First, she was saying her company is not releasing her; then she told us she was in an accident, so extend my joining. Even then, she didn't join (can't-be-ignored reason).
How can we make sure that a person will join after accepting the offer letter?
Thank you.
From India, Jaipur
Acknowledge(0)
Amend(0)
2In the past few months, I have been facing this problem many times, so I want your help with it. Sometimes, when people are selected, they take their offer letter and never come again to join. This time, one of our outstation candidates made us wait for around two months like this and even then also didn't join. First, she was saying her company is not releasing her; then she told us she was in an accident, so extend my joining. Even then, she didn't join (can't-be-ignored reason).
How can we make sure that a person will join after accepting the offer letter?
Thank you.
From India, Jaipur
Acknowledge(0)Amend(0)
Hi Swati,
What you can do in your organization is that you need to ask for the original academic certificates submitted to you before you give any kind of offer letter or job confirmation letter to any of the employees. Well, I faced a similar problem in my organization, and now that I have applied, there is no such problem now.
From India, New Delhi
Acknowledge(0)Amend(0)
What you can do in your organization is that you need to ask for the original academic certificates submitted to you before you give any kind of offer letter or job confirmation letter to any of the employees. Well, I faced a similar problem in my organization, and now that I have applied, there is no such problem now.
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Swati,
The suggestion given by Sogani is illegal, and taking custody of someone's original document is a criminal offense. Who will join such a company that asks for original documents? Yes, a person who does not get a job anywhere else might join such a company. Yes, I understand your problem. This may happen, and legally, you cannot take any action. I can suggest some points only:
1. Do not give more time in the offer; try to have the individual join as early as possible.
2. Never specify the salary in the offer letter because candidates may negotiate with their present employer.
Regards,
J. S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
The suggestion given by Sogani is illegal, and taking custody of someone's original document is a criminal offense. Who will join such a company that asks for original documents? Yes, a person who does not get a job anywhere else might join such a company. Yes, I understand your problem. This may happen, and legally, you cannot take any action. I can suggest some points only:
1. Do not give more time in the offer; try to have the individual join as early as possible.
2. Never specify the salary in the offer letter because candidates may negotiate with their present employer.
Regards,
J. S. Malik
From India, Delhi
Acknowledge(0)Amend(0)
Dear Swati,
Please always issue the offer letter and confirm the joining date in it. The offer letter should include a point about the submission of a copy of the resignation letter that the candidate has given to their current organization. This will lead to the sincerity of the candidate.
Do not give a long notice period (maximum 45 days) - one month for serving the notice period in the organization and another 15 days for shifting, etc. Also, ask the candidate about the experience letter they received from the previous organization. If they haven't received it, request a copy or an application for an experience certificate.
Never withhold any original documents from the candidates; you can keep photocopies of all documents at the time of issuing the offer letter. Inquire about the candidates from two references provided by them and also conduct an inquiry from your end to confirm their current employment status.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
Acknowledge(0)Amend(0)
Please always issue the offer letter and confirm the joining date in it. The offer letter should include a point about the submission of a copy of the resignation letter that the candidate has given to their current organization. This will lead to the sincerity of the candidate.
Do not give a long notice period (maximum 45 days) - one month for serving the notice period in the organization and another 15 days for shifting, etc. Also, ask the candidate about the experience letter they received from the previous organization. If they haven't received it, request a copy or an application for an experience certificate.
Never withhold any original documents from the candidates; you can keep photocopies of all documents at the time of issuing the offer letter. Inquire about the candidates from two references provided by them and also conduct an inquiry from your end to confirm their current employment status.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
Acknowledge(0)Amend(0)
Hello sir,
I'm very happy to know about your reply because I received a job offer from MUTHOOT GROUP a year ago. They required me to submit my original 10th or 12th marksheet, one surety - any family friend, and a fine of 50000/- in case I leave the job before completing one year. Thank you for informing me that submitting original documents is a criminal offense.
From India, Pune
Acknowledge(0)Amend(0)
I'm very happy to know about your reply because I received a job offer from MUTHOOT GROUP a year ago. They required me to submit my original 10th or 12th marksheet, one surety - any family friend, and a fine of 50000/- in case I leave the job before completing one year. Thank you for informing me that submitting original documents is a criminal offense.
From India, Pune
Acknowledge(0)Amend(0)
Hi I am sneha working as it recruiter but now i am trying for generalist profile plz help me out .I dont mind working as fresher in generalist profile
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
Hello,
Candidates are given email verification by mail that they will join with the date mentioned in the offer letter. We have to give at least one month's notice as nowadays every company has a one-month notice period. :(
Original documents, we don't prefer to keep.
From India, Jaipur
Acknowledge(0)Amend(0)
Candidates are given email verification by mail that they will join with the date mentioned in the offer letter. We have to give at least one month's notice as nowadays every company has a one-month notice period. :(
Original documents, we don't prefer to keep.
From India, Jaipur
Acknowledge(0)Amend(0)
i am looking for a fresher post as a HR generalist. please help (openings in mumbai preferable)
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Hi Swathi,
The replies posted by Mr. RSK and Mr. Sajid Ansan are quite impressive. They gave some valuable points. I am sure if you follow their words, you will overcome some of your problems.
Best Regards,
Karthik
From India, Hyderabad
Acknowledge(0)Amend(0)
The replies posted by Mr. RSK and Mr. Sajid Ansan are quite impressive. They gave some valuable points. I am sure if you follow their words, you will overcome some of your problems.
Best Regards,
Karthik
From India, Hyderabad
Acknowledge(0)Amend(0)
Hi, all HR Folks!
Let's accept the fact that this has become a very common practice in almost all fields across the industry. As HR representatives, what we need to do is get ourselves prepared for such moves in advance and act smartly before we lose valuable time in the whole process. I have adopted the below strategy to face such cases:
1. Inserted the language "Subsequent to ------, we are pleased to offer -------------, subject to your joining our organization on or before__________." This will give us the option to withdraw the offer if we feel the candidate is not serious about the job or is waiting for a better option to mature. Simultaneously, the candidate will also feel the pressure of dates and will not try to play games if they have already resigned from their existing company.
2. Ask for a copy of the resignation letter (exact email or receipt in hard copy) submitted to the existing organization within two to three days of accepting the offer letter.
3. Always identify two candidates for a position and prioritize them as ONE and TWO based on interview feedback. If the offer advanced to ONE does not materialize, immediately give an offer to TWO. This will reduce the lead time in filling the vacancy. It's important to identify more than two people if it's not a highly skilled position. In general, there is hardly much difference between ONE and TWO.
4. Cross-verify the resignation in the existing organization either through a consultant or myself.
5. Keep the user department and our bosses updated on the status. This will allow them to be prepared for contingencies and sometimes reduce the pressure on HR.
Hope these simple methods will help you cope with this situation.
Regards,
Salil Sharma
099102 47001
From India, Delhi
Acknowledge(1)
Amend(0)
Let's accept the fact that this has become a very common practice in almost all fields across the industry. As HR representatives, what we need to do is get ourselves prepared for such moves in advance and act smartly before we lose valuable time in the whole process. I have adopted the below strategy to face such cases:
1. Inserted the language "Subsequent to ------, we are pleased to offer -------------, subject to your joining our organization on or before__________." This will give us the option to withdraw the offer if we feel the candidate is not serious about the job or is waiting for a better option to mature. Simultaneously, the candidate will also feel the pressure of dates and will not try to play games if they have already resigned from their existing company.
2. Ask for a copy of the resignation letter (exact email or receipt in hard copy) submitted to the existing organization within two to three days of accepting the offer letter.
3. Always identify two candidates for a position and prioritize them as ONE and TWO based on interview feedback. If the offer advanced to ONE does not materialize, immediately give an offer to TWO. This will reduce the lead time in filling the vacancy. It's important to identify more than two people if it's not a highly skilled position. In general, there is hardly much difference between ONE and TWO.
4. Cross-verify the resignation in the existing organization either through a consultant or myself.
5. Keep the user department and our bosses updated on the status. This will allow them to be prepared for contingencies and sometimes reduce the pressure on HR.
Hope these simple methods will help you cope with this situation.
Regards,
Salil Sharma
099102 47001
From India, Delhi
Acknowledge(1)Amend(0)
This is sometimes a problem that candidates take the offer letter and then never join. The solution can be, though may not always be effective, but definitely will reduce your worry - do not give the offer letter until the actual joining of the candidate, unless and until one demands this. Ask the candidates very clearly the latest date when they can join and mention specifically in the offer letter that the offer will not be valid if joining is done after the stipulated date. In case the candidate does not join on the date mentioned, issue the offer cancellation letter. As far as possible, do not mention the salary in the offer letter.
Saurabh
From China, Leizhou
Acknowledge(0)Amend(0)
Saurabh
From China, Leizhou
Acknowledge(0)Amend(0)
Same problem here too, Swati. It's getting worse this time, and the best part is - they inform they are not joining only on the day of joining, which psyches me out completely. Well, I've gotten so damn used to it that I have started keeping at least two people in the pipeline so that just in case the first person does not join, I can call the second shortlisted person.
Ravi, your suggestion is good. But what happens is - they send a copy of their resignation but simultaneously apply for other positions. So what I have decided is - I never mention the salary that will be offered on the offer letter. Only on the day of joining, I give them the appointment letter with details on salary. If they insist a lot, I give them the offer letter alone on the company letterhead - the salary I mention on a plain paper (as an attachment to the offer) - but with no signature. No other option...
From India, Madras
Acknowledge(0)Amend(0)
Ravi, your suggestion is good. But what happens is - they send a copy of their resignation but simultaneously apply for other positions. So what I have decided is - I never mention the salary that will be offered on the offer letter. Only on the day of joining, I give them the appointment letter with details on salary. If they insist a lot, I give them the offer letter alone on the company letterhead - the salary I mention on a plain paper (as an attachment to the offer) - but with no signature. No other option...
From India, Madras
Acknowledge(0)Amend(0)
Noway we can guarantee if a person is issued an offer letter and joins a company. The offer letter can be issued without mentioning salary details, as members suggested, and once the offer materializes, it gets justified. Taking the original documents is a criminal offense, as Mr. Malik rightly indicated. It's illegal in the court of law.
Same problem here too, Swati. It's getting worse this time, and the best part is they inform they are not joining only on the day of joining, which psyches me out completely. Well, I've gotten so used to it that I have started keeping at least two people in the pipeline so that just in case the first person does not join, I can call the second shortlisted person.
Ravi, your suggestion is good. But what happens is they send a copy of their resignation but simultaneously apply for other positions. So what I have decided is I never mention the salary that will be offered on the offer letter. Only on the day of joining, I give them the appointment letter with details on salary. If they insist a lot, I give them the offer letter alone on the company letterhead, and the salary I mention on plain paper (as an attachment to the offer) but with no signature. No other option.
From India, Madras
Acknowledge(0)Amend(0)
Same problem here too, Swati. It's getting worse this time, and the best part is they inform they are not joining only on the day of joining, which psyches me out completely. Well, I've gotten so used to it that I have started keeping at least two people in the pipeline so that just in case the first person does not join, I can call the second shortlisted person.
Ravi, your suggestion is good. But what happens is they send a copy of their resignation but simultaneously apply for other positions. So what I have decided is I never mention the salary that will be offered on the offer letter. Only on the day of joining, I give them the appointment letter with details on salary. If they insist a lot, I give them the offer letter alone on the company letterhead, and the salary I mention on plain paper (as an attachment to the offer) but with no signature. No other option.
From India, Madras
Acknowledge(0)Amend(0)
Hmm, yes - it seems to be a never-ending problem.
But at least the candidate can negotiate for a better offer based only on what is shown on paper... so... it will be a little difficult to play around with that.
From India, Madras
Acknowledge(0)Amend(0)
But at least the candidate can negotiate for a better offer based only on what is shown on paper... so... it will be a little difficult to play around with that.
From India, Madras
Acknowledge(0)Amend(0)
Practically speaking, a candidate will not accept an offer letter without the salary details. If the offer is vague with the designation offered and without emolument details, it is safer for the candidate. He could say to another employer that salary terms are yet to be discussed, and they have assured so and so. So, he can use it in any way. If it is not mentioned, it's not a security for an employer if they do not mention the salary details as such. Moreover, it's a good aid for a candidate to play it around. So, the point of not mentioning the salary details in the offer will not at all make a security cover for an organization.
Hmm, yep - it seems to be a never-ending problem. But at least the candidate can negotiate for a better offer based only on what is shown on paper, so it will be a little difficult to play around with that.
From India, Madras
Acknowledge(0)Amend(0)
Hmm, yep - it seems to be a never-ending problem. But at least the candidate can negotiate for a better offer based only on what is shown on paper, so it will be a little difficult to play around with that.
From India, Madras
Acknowledge(0)Amend(0)
Works in my case and have not had any issue with that either. Its the way of convincing why the salary is not mentioned. Speaking with facts and not just on vague imagination.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
The term "vague" mentioned refers to the issuance of a letter without the salary details. If it works, no issue. But in most organizations, it does not work as the candidate will not accept it at the first instance, to be noted. All representations and suggestions are made on facts, giving due importance to practicality and situational aspects.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Hi,
I am in agreement with Mr. Malik and Mr. Ansari. In one of my earlier organizations, when we used to issue any offer letter, we clearly stated that the offer is valid for one week. In case we do not receive an accepted copy of the offer letter and the acceptance of the resignation from the candidate's present organization, our offer is null and void. At least in this case, one can be somewhat sure within one week about the sincerity of the candidate.
Secondly, the HR has to keep the communication channel open with the selected candidate, keep him/her engaged by forwarding the joining-related forms, etc., much in advance, and ask him to complete and forward them to you. In between, one may also speak to the candidate to know about the progress.
Furthermore, if the candidate is from out of town, provide him/her with support in terms of identification of packers and movers, identifying a house, or school for his/her kids. All such activities facilitate the joining of a person.
I am sure that if you can adopt such measures, your joining ratio may increase.
Best Regards,
Rajeev Nangia
General Manager - HR
From India, New Delhi
Acknowledge(0)Amend(0)
I am in agreement with Mr. Malik and Mr. Ansari. In one of my earlier organizations, when we used to issue any offer letter, we clearly stated that the offer is valid for one week. In case we do not receive an accepted copy of the offer letter and the acceptance of the resignation from the candidate's present organization, our offer is null and void. At least in this case, one can be somewhat sure within one week about the sincerity of the candidate.
Secondly, the HR has to keep the communication channel open with the selected candidate, keep him/her engaged by forwarding the joining-related forms, etc., much in advance, and ask him to complete and forward them to you. In between, one may also speak to the candidate to know about the progress.
Furthermore, if the candidate is from out of town, provide him/her with support in terms of identification of packers and movers, identifying a house, or school for his/her kids. All such activities facilitate the joining of a person.
I am sure that if you can adopt such measures, your joining ratio may increase.
Best Regards,
Rajeev Nangia
General Manager - HR
From India, New Delhi
Acknowledge(0)Amend(0)
Hi, Swati,
I very much agree with Malik Sir. In my organization, we used to give a joining letter in which we mention the candidate's post for which he is selected and his joining date. We also state that the appointment/offer letter (along with terms, conditions, and salary details) will be issued only after his acceptance and joining of duties. Finally, we give him the appointment letter after 15 days of his joining. The experience of this procedure to date has been positive.
Nandini
From India, Pune
Acknowledge(0)Amend(0)
I very much agree with Malik Sir. In my organization, we used to give a joining letter in which we mention the candidate's post for which he is selected and his joining date. We also state that the appointment/offer letter (along with terms, conditions, and salary details) will be issued only after his acceptance and joining of duties. Finally, we give him the appointment letter after 15 days of his joining. The experience of this procedure to date has been positive.
Nandini
From India, Pune
Acknowledge(0)Amend(0)
Hi Swathi,
Here, the problem is after issuing the offer letter, they are not joining.
Disadvantages for not joining:
1. Your company's standard
2. Salary negotiation
3. Date of joining
4. I identify from your words that you are not comfortable having an optional candidate.
Advantages:
1. After issuing the offer letter, keep calling the candidate every 10 to 15 days, interact closely with the candidate. While talking, you can understand whether he/she is interested in joining your company. For example, if he/she does not have a phone conversation with good sound or is uncomfortable speaking about the offer, or any miscommunication occurs, the candidate may not be interested in relocating, etc. (You will definitely find the loopholes.)
2. Use the job portal to verify the profile they updated after issuing the offer letter. If they are not doing so, you may need to look for an optional candidate.
3. Don't have only one best candidate for the position; at least, you should have 2 to 3 optional candidates for the next level.
4. Don't explicitly tell the candidate that they are a very important profile for the company.
Best HR practice: You should not take any documents from the candidate. This is my humble request to all HR professionals. Don't expect certificates from the candidate; solve the problem technically.
Don't underestimate your confidence. If there is anything wrong in my sentence, please overlook my mistake.
Tomorrow, you will also search for some job offers. Think about the conditions in your mind from that position. You shall easily solve this kind of problem.
Regards,
Vinoth.R
From India, Madras
Acknowledge(0)Amend(0)
Here, the problem is after issuing the offer letter, they are not joining.
Disadvantages for not joining:
1. Your company's standard
2. Salary negotiation
3. Date of joining
4. I identify from your words that you are not comfortable having an optional candidate.
Advantages:
1. After issuing the offer letter, keep calling the candidate every 10 to 15 days, interact closely with the candidate. While talking, you can understand whether he/she is interested in joining your company. For example, if he/she does not have a phone conversation with good sound or is uncomfortable speaking about the offer, or any miscommunication occurs, the candidate may not be interested in relocating, etc. (You will definitely find the loopholes.)
2. Use the job portal to verify the profile they updated after issuing the offer letter. If they are not doing so, you may need to look for an optional candidate.
3. Don't have only one best candidate for the position; at least, you should have 2 to 3 optional candidates for the next level.
4. Don't explicitly tell the candidate that they are a very important profile for the company.
Best HR practice: You should not take any documents from the candidate. This is my humble request to all HR professionals. Don't expect certificates from the candidate; solve the problem technically.
Don't underestimate your confidence. If there is anything wrong in my sentence, please overlook my mistake.
Tomorrow, you will also search for some job offers. Think about the conditions in your mind from that position. You shall easily solve this kind of problem.
Regards,
Vinoth.R
From India, Madras
Acknowledge(0)Amend(0)
Ask for the resignation letter copy within 5 days of receiving the offer. Don't mention the CTC in the offer letter. If the position is critical, negotiate for the notice pay and instead of waiting for one or two months, ask him to join immediately.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
Hi all,
If a candidate is not joining after receiving an offer letter, why should we not do one thing - draft a mail to the candidate?
"Mr. ABC, as you are not joining us after one month of receiving your offer letter and there is no message from your side, now we will inform your current employer that you were looking to join our company. We will send them all proof of communication, which we have had from the interview until now.
We are waiting for your reply...
This is just my thinking."
From India, Pune
Acknowledge(0)Amend(0)
If a candidate is not joining after receiving an offer letter, why should we not do one thing - draft a mail to the candidate?
"Mr. ABC, as you are not joining us after one month of receiving your offer letter and there is no message from your side, now we will inform your current employer that you were looking to join our company. We will send them all proof of communication, which we have had from the interview until now.
We are waiting for your reply...
This is just my thinking."
From India, Pune
Acknowledge(0)Amend(0)
Hi,
It is really nice to see good participation and suggestions on the topic. I would like to add one point only... after giving an offer, you should ask him/her to submit an accepted copy of his/her resignation.
Regards,
Subhash
From India, New Delhi
Acknowledge(0)Amend(0)
It is really nice to see good participation and suggestions on the topic. I would like to add one point only... after giving an offer, you should ask him/her to submit an accepted copy of his/her resignation.
Regards,
Subhash
From India, New Delhi
Acknowledge(0)Amend(0)
Hi Swati,
Your issue reminds me of many such situations that have happened to me. I remember finding myself in similar circumstances. Here are a few suggestions that were given to me by my seniors:
1. Never issue an appointment letter before the date of joining. You can provide it either on the day of joining or the following day.
2. Provide an offer letter that does not mention the salary or designation; it should only include the date of joining for further discussions.
3. Request the candidate to provide a copy of the acceptance of the resignation letter before joining, at least a week or two in advance, to verify the status of their resignation.
4. To be more proactive, it is always advisable to have a backup candidate ready. Do not depend on a single person. Always have a few profiles and alternatives prepared in case the selected candidate does not show up.
Hope this helps :)
Regards,
Bhoomi
From India, Hyderabad
Acknowledge(0)Amend(0)
Your issue reminds me of many such situations that have happened to me. I remember finding myself in similar circumstances. Here are a few suggestions that were given to me by my seniors:
1. Never issue an appointment letter before the date of joining. You can provide it either on the day of joining or the following day.
2. Provide an offer letter that does not mention the salary or designation; it should only include the date of joining for further discussions.
3. Request the candidate to provide a copy of the acceptance of the resignation letter before joining, at least a week or two in advance, to verify the status of their resignation.
4. To be more proactive, it is always advisable to have a backup candidate ready. Do not depend on a single person. Always have a few profiles and alternatives prepared in case the selected candidate does not show up.
Hope this helps :)
Regards,
Bhoomi
From India, Hyderabad
Acknowledge(0)Amend(0)
Thanks a lot to all of you. now a days hiring is gion on in our company this time try to implement the suggestion from u all. let you know whihc worked.
From India, Jaipur
Acknowledge(0)Amend(0)
From India, Jaipur
Acknowledge(0)Amend(0)
Hi Swati,
It is indeed important to choose the RIGHT candidate and understand why they are leaving their current organization and why they want to join you. Of course, people can fabricate many reasons, but a good recruiter should be able to find the truth by conducting proper reference checks, etc.
Never attempt to collect original certificates in advance.
From United Arab Emirates, Abu Dhabi
Acknowledge(0)Amend(0)
It is indeed important to choose the RIGHT candidate and understand why they are leaving their current organization and why they want to join you. Of course, people can fabricate many reasons, but a good recruiter should be able to find the truth by conducting proper reference checks, etc.
Never attempt to collect original certificates in advance.
From United Arab Emirates, Abu Dhabi
Acknowledge(0)Amend(0)
Dear Swati,
I totally agree with Malik's comments. Not only is asking for the submission of original documents illegal, but it also speaks of unethical practices by the company. People who are not able to get any job will surely abide by such a decision, and in that process, you will only miss the best talents for your firm. Instead, give a firm date of joining, and if by that date he/she doesn't join, you should be giving the call to the next in line. Also, you may adopt the practice of not mentioning the salary in the offer letter itself so that it may not be used as a tool of negotiation.
From Korea
Acknowledge(0)Amend(0)
I totally agree with Malik's comments. Not only is asking for the submission of original documents illegal, but it also speaks of unethical practices by the company. People who are not able to get any job will surely abide by such a decision, and in that process, you will only miss the best talents for your firm. Instead, give a firm date of joining, and if by that date he/she doesn't join, you should be giving the call to the next in line. Also, you may adopt the practice of not mentioning the salary in the offer letter itself so that it may not be used as a tool of negotiation.
From Korea
Acknowledge(0)Amend(0)
Hello Swati,
I agree with Mr. Malik's suggestion. You should not disclose the salary details, and furthermore, you should mention in the offer of employment the requirement to submit a copy of the resignation letter to the new employer within the specified timeframe.
Regards, AKSSIVAKUMAR
From India, Mumbai
Acknowledge(0)Amend(0)
I agree with Mr. Malik's suggestion. You should not disclose the salary details, and furthermore, you should mention in the offer of employment the requirement to submit a copy of the resignation letter to the new employer within the specified timeframe.
Regards, AKSSIVAKUMAR
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Swati,
So many have contributed with very good suggestions, especially Malik ji and Sajid Ansari ji.
I would like to add a few important points:
(i) "ABSCONDING" is not the right term to use; see the meaning in the dictionary, and you shall know it reflects badly on your company's culture. Hence, I am not surprised that potential candidates don't join your company.
(ii) Please review your selection process and the panel.
(iii) It is possible (highly probable) that your company is chasing too good candidates without offering much in terms of emoluments or a great working environment. Maybe the company's brand equity as an employer is not substantial. (Else, why would a person not join?)
(iv) Remember the oft-quoted cliche - "You can bring a horse to water, but you can't make him drink." Your top management needs to ponder over it.
(v) You should always maintain a panel of candidates in order of their performance and keep in touch with at least two. It is easy to call them up, thank them for their participation, and ask if they are still interested in your company. That way, you have ready replacements. But you will have to shed your ego to achieve this; as generally, HR is not bothered about candidates down the line.
(vi) One should never mention any financial data on offer letters, appointment advice, offer of appointment, or letters of intent. All the above are several nomenclatures of documents that are issued after the selection process and before the joining of candidates. You can have a paragraph stating that "...the detailed terms and conditions, including emoluments and other perquisites, will be issued along with the appointment letter upon joining within the stipulated period."
(vii) Also, add, "This offer shall automatically expire after the stipulated date of joining mentioned herein."
(viii) In case you reimburse traveling expenses, there is a considerable financial loss to the company. Hence, in one paragraph, you must also mention, "In case you are not able to join within the stipulated date, the expenses reimbursed shall be recovered from you along with any other expenses that the company might have incurred during the course of the selection process. Suitable help, as deemed fit, shall be taken from your existing employer in this connection."
Hope the situation will improve.
Regards.
From India, Delhi
Acknowledge(0)Amend(0)
So many have contributed with very good suggestions, especially Malik ji and Sajid Ansari ji.
I would like to add a few important points:
(i) "ABSCONDING" is not the right term to use; see the meaning in the dictionary, and you shall know it reflects badly on your company's culture. Hence, I am not surprised that potential candidates don't join your company.
(ii) Please review your selection process and the panel.
(iii) It is possible (highly probable) that your company is chasing too good candidates without offering much in terms of emoluments or a great working environment. Maybe the company's brand equity as an employer is not substantial. (Else, why would a person not join?)
(iv) Remember the oft-quoted cliche - "You can bring a horse to water, but you can't make him drink." Your top management needs to ponder over it.
(v) You should always maintain a panel of candidates in order of their performance and keep in touch with at least two. It is easy to call them up, thank them for their participation, and ask if they are still interested in your company. That way, you have ready replacements. But you will have to shed your ego to achieve this; as generally, HR is not bothered about candidates down the line.
(vi) One should never mention any financial data on offer letters, appointment advice, offer of appointment, or letters of intent. All the above are several nomenclatures of documents that are issued after the selection process and before the joining of candidates. You can have a paragraph stating that "...the detailed terms and conditions, including emoluments and other perquisites, will be issued along with the appointment letter upon joining within the stipulated period."
(vii) Also, add, "This offer shall automatically expire after the stipulated date of joining mentioned herein."
(viii) In case you reimburse traveling expenses, there is a considerable financial loss to the company. Hence, in one paragraph, you must also mention, "In case you are not able to join within the stipulated date, the expenses reimbursed shall be recovered from you along with any other expenses that the company might have incurred during the course of the selection process. Suitable help, as deemed fit, shall be taken from your existing employer in this connection."
Hope the situation will improve.
Regards.
From India, Delhi
Acknowledge(0)Amend(0)
Hi Swati,
Please make the offer letter very simple. In the same letter, add a list of documents that the candidate will have to submit.
Above all, DO NOT MENTION any salary or CTC figures in the offer letter. State in the offer letter that the appointment letter with figures of CTC will be given later, ONLY after the candidate reports regularly for duty and after the submission of photocopies of original documents. However, state clearly that the CTC figures will be AS AGREED UPON DURING THE FINAL SELECTION INTERVIEW. This will prevent candidates from exploiting the CTC figures in the offer letter, displaying them elsewhere, and taking undue advantage of the same.
I have tried this approach with all candidates, and although they do protest, I do not budge. From our company's side, we always honor the figures that were agreed upon.
Regards,
Mohan
From India, Mumbai
Acknowledge(0)Amend(0)
Please make the offer letter very simple. In the same letter, add a list of documents that the candidate will have to submit.
Above all, DO NOT MENTION any salary or CTC figures in the offer letter. State in the offer letter that the appointment letter with figures of CTC will be given later, ONLY after the candidate reports regularly for duty and after the submission of photocopies of original documents. However, state clearly that the CTC figures will be AS AGREED UPON DURING THE FINAL SELECTION INTERVIEW. This will prevent candidates from exploiting the CTC figures in the offer letter, displaying them elsewhere, and taking undue advantage of the same.
I have tried this approach with all candidates, and although they do protest, I do not budge. From our company's side, we always honor the figures that were agreed upon.
Regards,
Mohan
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Swati,
I believe you should not disclose the salary offered or the salary breakdown in the offer letter. This would enable new joiners to negotiate with other companies and potentially accept a different offer.
I hope this suggestion proves helpful.
Best Regards,
Shilpy Executive HR-Admin
From India, Calcutta
Acknowledge(0)Amend(0)
I believe you should not disclose the salary offered or the salary breakdown in the offer letter. This would enable new joiners to negotiate with other companies and potentially accept a different offer.
I hope this suggestion proves helpful.
Best Regards,
Shilpy Executive HR-Admin
From India, Calcutta
Acknowledge(0)Amend(0)
Malikjs Sir,
You had mentioned that taking custody of someone's original mark sheet is a criminal offense. Can you please tell under which section of CrPC it is a criminal offense.
Thanks, Krishan Mohta
From India, Calcutta
Acknowledge(0)Amend(0)
You had mentioned that taking custody of someone's original mark sheet is a criminal offense. Can you please tell under which section of CrPC it is a criminal offense.
Thanks, Krishan Mohta
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Krishnan,
Locking up the originals of employees by the employer is not just unfair; it is totally illegal and amounts to harboring the 'bonded labor system'. Article 19 (1)(g) provides a citizen the right to practice any profession or to carry on any occupation, trade, or business. The employer is infringing the right of the employee to practice the profession or occupation of his choice with some other employer by keeping the original documents with him. Now, this is a fundamental right. This right can be restricted by the State under Article 19 (6) by making a law in the interest of the GENERAL PUBLIC. No law has been made either by the Parliament or State Assemblies empowering the employers to impound the originals of the employees. Now, original documents are the property of the employee; the burden is on the employer to show the employee the existence of any law, by-law, rules, notifications, etc., allowing him to keep the original documents of the employee while issuing the appointment letter. As there is no such law, the employer cannot succeed. Further, keeping the original documents by the employer changes the relationship of employer and employee into one of mortgagor and mortgagee, and the original documents become mortgaged property, which is not permissible in service law. The thin differentiating line between the employee and bonded labor is being gradually obliterated if the employer is allowed to retain the original documents.
Now, most of my learned friends have seen the problem from the interest of the employer, and they presume that if an employee abruptly leaves the services, the employer's interests will be in jeopardy. The employer can protect his interest by appropriately framing the clauses in the appointment letter and imposing appropriate damages if his interest is affected (for example, if the employee leaves the job during the lock-in period, he has to pay damages of a certain quantity, give 3 months' notice or notice pay in lieu of notice, and agree not to take up any new job within a prescribed period in any other organization where similar business is conducted, etc.). But for achieving this end, forcing the employee to surrender originals is not permissible.
Now, how to solve this problem and stop the employer from his high-handedness? This problem can be effectively countered if all the employees join together and write a complaint to the area labor office, asking them to send a labor officer to get the originals released from the employer and handed over to the employees. If the labor office does not act after receiving the complaint, file a writ petition in the High Court against the labor department as well as the employer. A civil suit can also be filed against the employer seeking recovery of documents. A criminal case is not a proper solution in this regard. An individual can also fight a writ case or civil case, but he will be victimized by the employer by terminating his services.
Regards,
Soja
From India, Kochi
Acknowledge(0)Amend(0)
Locking up the originals of employees by the employer is not just unfair; it is totally illegal and amounts to harboring the 'bonded labor system'. Article 19 (1)(g) provides a citizen the right to practice any profession or to carry on any occupation, trade, or business. The employer is infringing the right of the employee to practice the profession or occupation of his choice with some other employer by keeping the original documents with him. Now, this is a fundamental right. This right can be restricted by the State under Article 19 (6) by making a law in the interest of the GENERAL PUBLIC. No law has been made either by the Parliament or State Assemblies empowering the employers to impound the originals of the employees. Now, original documents are the property of the employee; the burden is on the employer to show the employee the existence of any law, by-law, rules, notifications, etc., allowing him to keep the original documents of the employee while issuing the appointment letter. As there is no such law, the employer cannot succeed. Further, keeping the original documents by the employer changes the relationship of employer and employee into one of mortgagor and mortgagee, and the original documents become mortgaged property, which is not permissible in service law. The thin differentiating line between the employee and bonded labor is being gradually obliterated if the employer is allowed to retain the original documents.
Now, most of my learned friends have seen the problem from the interest of the employer, and they presume that if an employee abruptly leaves the services, the employer's interests will be in jeopardy. The employer can protect his interest by appropriately framing the clauses in the appointment letter and imposing appropriate damages if his interest is affected (for example, if the employee leaves the job during the lock-in period, he has to pay damages of a certain quantity, give 3 months' notice or notice pay in lieu of notice, and agree not to take up any new job within a prescribed period in any other organization where similar business is conducted, etc.). But for achieving this end, forcing the employee to surrender originals is not permissible.
Now, how to solve this problem and stop the employer from his high-handedness? This problem can be effectively countered if all the employees join together and write a complaint to the area labor office, asking them to send a labor officer to get the originals released from the employer and handed over to the employees. If the labor office does not act after receiving the complaint, file a writ petition in the High Court against the labor department as well as the employer. A civil suit can also be filed against the employer seeking recovery of documents. A criminal case is not a proper solution in this regard. An individual can also fight a writ case or civil case, but he will be victimized by the employer by terminating his services.
Regards,
Soja
From India, Kochi
Acknowledge(0)Amend(0)
Hi all,
I was reading all the discussions regarding absconding after receiving the offer letter. The same issue is also faced in our organization. I just want to know, how and what to write in the offer letter without mentioning the offered salary. If we do not include details about the salary, will those candidates still join?
Regards,
Bandita
From India, Mumbai
Acknowledge(0)Amend(0)
I was reading all the discussions regarding absconding after receiving the offer letter. The same issue is also faced in our organization. I just want to know, how and what to write in the offer letter without mentioning the offered salary. If we do not include details about the salary, will those candidates still join?
Regards,
Bandita
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Employee Behavior.ppt
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf