Soical Compliance Auditing
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Consultancy_hr & Ir
Gm (hr)
Manager Hr
Comp & Benefits, Employee Relations,
+2 Others

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Hello ,
In we hired a developer ard 15 days back , @ the time of joining we deposit previous company doc (in xerox copies of pay slip , exp letter and revl letter). But this candidate said her company will issue these docs in ard one week so she will give next Monday. We said ok bt now she is saying her company is nt issuing her docs and abusing her if she ask for docs .
now plz guide we what can be done

From India, Jaipur

Your post does not make it explicitly clear if the person has already JOINED.

If the person has in fact joined employment, perhaps your company should wait and watch her for honesty and transparency. If she fails on these counts you have a right to terminate her employment at the end of the probation period anyway. Haaving allowed her to join, in all fairness you must give her this opportubity to prove her honesty and integrity, especially as many times companies unwilling to relieve a good employee more so at relatively junior levels act like she is reporting. I think we are obloiged to let he rprove herself!

But if she has NOT joined, please formally communicate to her that she can not join UNLESS she compliess with document/s submission formality. Although, even in this case you as an employer are free to let her join and watch her for honesty and integrity over the probation period!

A little unconventional thinking, perhaps would have landed you at the same solution!

Cheers & Regards
July 20, 2009

From India, Pune
she has already joined. my doubt is that if her previous employee can create any problem for her . as she has not got any reliving certificate from her previous company
From India, Jaipur
dear previous company can not create any problem to your company if you have allowed someone without proper should ask all documents before joining. regards js malik
From India, Delhi
Mr Mallik, I am also facing a similar situation......... do you think the previous employer can create any problem for us. Waiting for your reply!
From India, Hyderabad
Call up the Company Confirm the duration of the work Record the Same U will get know whether the employee has given true information or not.
From India, Coimbatore
Dear Swati,

Previous employer can create a problem,it happened in axis bank employee,the employee was hired from SBI and the candidate joined the bank with the information that he is working with the SBI bank and everyone was well aware about the locality and his working ,but after joining he was not handed his belongins in a written form ,he just handed over to the personnel manager and singed his full & final receiving and he did't take his releaving letter from the bank official.

After two months a FIR lodge against the employee stating that he is continue he is absent since last two months and he had kept some lockers keys in his custody which is a customer & bank property,the inconvenice caused to the customer and basically destroying his bank reputation.

The police asked to the Axis bank manager that on what basis ,you employed him and the manager also got two days custody on the basis of destroying SBI reputation with the help of employee of other bank.

The employee & bank did't have proof that he left the organisation.

Please ask to the employee that immediate send a registered post to the previous company and cc to present company that provide all releaving documents or send thru e-mail regarding this subject.

Do not take this matter casually,it is the responsibility of the employer to see the all documents before hiring of candidates & the documents should be verify by the competent person.

Best Regards

Sajid Ansari-Delhi

From India, Delhi
Relieving letter from previous employer is very important document that can save your company from potential legal risk in future. With current issues of IP leakage and other critical business informations being aware to employees, relieving letter helps present employer safe guard their interest if in case previous employer want to proceed with legal option against the employee.
However, in this senario you can initiate back ground verification and get to know reason for her exit and whether she has completed all her relieving formalities. If you get Clear verification then take a declaration from the employee and close the issue. If not, then it is better to insist for relieving document. Even you can talk to other company and ask them to clarify why they are holding back her documents.
My reply is quite different than others. But this is based on legal opinion I took in similar case during my tenure with one company.

From United States, San Diego
Dear Swati, You should not employ people until they submit their docs.Ok any how already joined, please call to the reference nos. given by the employee and you can confirm u r doubts.
From India, Delhi
Dear Swati

Following answer/suggestion is based on my own experience.
  1. - Ascertain if the new employee is a valuable asset to your company or not ? If yes, then retain him/her. There is nothing the previous company can do. It is only in rare cases that they try to create problems by raising imaginary issues to harass the employee.
  2. - In an aggressive scenario, "poaching" is quite common. Even in cases where 'bond' exist, the matter can be sorted out between the two respective HR heads.
  3. - In a particular case, the person was in S/w and belonged to the vendor/contractor. When a hue and cry was raised, it was explained to the other HR heads that -
    • - his employee is free to join any company, as he is not under any bond;
    • - there is no agreement between the two companies for non-poaching;
    • - if they want their people to be with them / loyal to them; then they should treat their employees accordingly, have their own retention strategies;
    • - it is immaterial whether they issue a RELEIVING CERTIFICATE or not; it is enough that the new employee has signed the Joining Report and is physically present for the job;
    • - "slavery" or human trafficking is illegal in our country and in the civilized world.
  4. - the result depends on which company is bigger/stronger/ has more clout.

From India, Delhi

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