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

PRIME SPONSOR - FACTOHR - Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
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 :?
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
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
hai there is no legal impediment to appoint an employee without the relieving order. Please do check his antecedents informally. with regards ctraju
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
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
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
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
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
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
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
PRIME SPONSOR - TALENTEDGE "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses

Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™