HR4NATION
Hr Consulting
Megha Gautam
Hr Executive
Shank494
Hr Executive
THIAGARAJU
Chief Personnel Manager
Raj_kumar
Freelancer
Dinesh_pathak08
Software Engineer
Vishalbbhise
Design Engineer

Thread Started by #Megha Gautam

Hi everyone
We have hired a candidate 1 week back.the previous employer of the candidate is not giving him the relieving letter since the notice period ws very short,,,we desperately need the candidate.I want the candidate to sign a paper which says that the cadidate will be whooly responsible for ne legal course of action,the present employer is not responsible for the under taking...
plz suggest me wat to do nd hw to draft this format :?
20th March 2007 From India, Calcutta
As per my experience, we can take the employee based on the resignation letter.
No employer can have the rights of not relieving the employee from the services if the employee is not willing to serve.
The employer has to relieve & provide the experience letter on request of employee or else strict action can be taken against the employee if the employer is not willing to relieve the employee nor settling his/her dues (which includes F&F, Relieving letter, experience letter)
We need not take any undertaking from the employee regarding.
Regards,
Shankar,
HR Executive
Reliance Communication,
Navi Mumbai
20th March 2007 From India, Mumbai
hai there is no legal impediment to appoint an employee without the relieving order. Please do check his antecedents informally. with regards ctraju
22nd March 2007 From India, Madras
Hi,
Lot of organisatiosns hold back/ dont give out the relieving letter if you dont serve complete notice period. To avoid legal hassels like dual employement ask the employee to submit the resignation acceptance.
If the current employer is not ready to give resignation acceptance then ask the employee to send the resignation letter through Register AD to the office address. This is done so that you get the acceptance copy of the register AD which stands valid incase of legal implecations.
Hope this solves your problem.
Regards,
Aditi
22nd March 2007 From India, Mumbai
Hi,
Lot of organisations hold back/ dont give out the relieving letter if you dont serve complete notice period. To avoid legal hassels like dual employement ask the employee to submit the resignation acceptance.
If the current employer is not ready to give resignation acceptance then ask the employee to send the resignation letter through Register AD to the office address. This is done so that you get the acceptance copy of the register AD which stands valid incase of legal implecations. The acceptance will be delivered at the address as mentioned by the employee within 3-5 days.
Hope this solves your problem.
Regards,
Aditi
22nd March 2007 From India, Mumbai
Hi Friends,
Recently my friend who is was working in one of the Top five indian company resigned.They gave him resignation acceptance letter but after 3 months when he settled his dues hold back his releaving letter and experience certificate by saying that there was discrepency is BG check.He has already joined new organization based on resignation acceptance letter.Now he is tensed and doesn't know what to do ?
How can he get releaving and experience letter.Is there any way.
Raj
23rd March 2007
Hi Raj,
Ask your friend to clarify what kind of Background check was carried out and the results. If in case of discrepancies try and sort it out with the company.
In case of discrepancies no company would give the relieving and experience letters. Your friend will have to do with the resignation acceptance copy.
Regards,
Aditi
24th March 2007 From India, Mumbai
Hi Aditi,
Thanks for the reply.The problem with his BG Check is he has shown 6 months more experience for one of his previous company.Initially Company said they won't be taking any action,but now they are saying that HR policies have changed.He spoke to HR manager,but they are saying they cannot help giving policy as reason.
Problem is that he has worked for 3 yrs in that organization and they mentioned the problem only when he resigned.
Can resignation acceptance letter is enough as a proof that he has worked in the organization.He also have full and final settlement sheet with him.Whether his present company can create a problem now ...if yes what are the possible solutions in this case.
Raj
26th March 2007
Hi Aditi,
I addition to the question asked by Raj, I would like to add what if the company is not accepting the Resignation itself on the ground of discrepancy in BG check. i.e. no resigantion acceptance letter, no relieving letter, no experience letter, what are the open options for the employee? The employee is ready to serve his complete notice period.
Din
28th March 2007
Hi raj
There are no laws prohibiting double employment
if the candidate has provided you a copy of the resignation letter duly served on the company and has a due acknowledgement then dont worry you can employ him and go ahead. what are your apprehensions in case you are emplying him please specify to reply
regards
ctraju
30th March 2007 From India, Madras
Hi,
I want to know if a person is not able to serve his notice period.. For example he is putting down his papers on 20th and he has to join the other company with in 1 week, and the employer is refusing to give the relieving letter as well as the salary for the 20days he has worked.. is it acceptable?
I want to get cleared whether the employee is not eligible for getting his 20days salary and sometimes if he has worked for 15 days worked after the notice period and the management saying that they can give relieving letter but not his salary.. I've seen this happening...
It will be helpful if u clarify me in this regard...
Regards,
Sowmya
30th March 2007 From India, Bangalore
Hi Sowmya,
This is really surprising. Well the employee should check with the appointment letter about the notice pay and the clearance policy whenever resigning. :)
Am surprised by the fact that the company is ready to give the relieving letter but not the salary. As per my knowledge this can happen if any due is pending towards shortfall of notice/ advances/ tax implications and so on...
Please check with the Accounts department as the salary is held back for what reasons.
Regards,
Aditi
2nd April 2007 From India, Mumbai
You can ask the candidate to submit the following documents
1. Copy of Appointment order issued by the previous company
2. Copy of Resignation letter the employee has given to the company
3. Copy of payslip of the previous month
I think these documents would be suffice. For a clarity you can make a background check also. If the background check, is ok, u can recruit the candidate.
7th April 2007 From India, Madras
Dear,
No legalities resctrict you from appointing anyone who has failed to provide experience letters / relieving orders.
It is emphasized here that antecedents should always be verifiable which in turn requires pre-appointment verification.
Any declaration / affidavit is of no use
Regards
Rajan Kumar
7th April 2007 From India, Delhi
Sir, There is a policy of Notice Period from either side which is usually in writing. Short of notice period is to be made in cash by either. Regards Rajan Kumar
7th April 2007 From India, Delhi
I am 38 year old, i stay in bangalore,i was working for a MNC in chennai, i took sabbatical leaves for about 1 and half year from 2013 dec onwards on the medical grounds of my parents, i resigned from the same stage(sabbatical leaves) on august 2015 as it was not possible for me to goback leaving my sick parents in bangalore. Hr accepted my resignation and assured through the mail that i am allredy released, but she said it will take a month time to issue relieving letter and experience letter after getting a clearance from all the department,so i waited after 3 months hr came back by saying i need to pay 20k bonus recovery amount,for i which i was ready to pay, but they were not ready to give details of mode of payment, i have been asking them since one and half year, now they are saying that i need to pay 60k notice period recovery amount,

Kindly let me know whether i need to pay this notice period amount as i was on sabbatical leaves, even after this since its almost 2 years that i am not getting my relieving credentials kindly suggest me best way to approach for it?legal actions?whether its works? How much time will it take?

They are playing with me since 2 years pls suggest.

Rgards
21st February 2017 From India, Bengaluru
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