Joining Formalities - New Joinee - CiteHR
Jeevarathnam
Sr. Manager Hr/admin
+2 Others

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Dear Friends,
Request you to please let me know if any new joinee is not having relieving letter or experience letter or resignation acceptance letter for his employer. Can we go ahead with the joining formalities. If Yes, then let me know why?
If No, then what steps can be taken to complete the joining formalities smoothly.
Regards,
Asha
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The ideal situation is to have the relieving letter from the previous employer. If the employee does not produce it, ask him to show a copy of the resignation letter with evidence of having sent to the employer like courier receipt or postal recipt of registered AD and try to kno wthe reasons as to why the employee is not able to get the relieving letter resigantionacceptance letter. If you are satisfied with the explanation of the employee, you may take a call whether to employ him or to wait for some more time or to reject him. You may have to bear in mind the nature of post offered to him.If you decide to employ him and then incorporate a clause in the letter appointment that his employment is subject to the fact that there shall be no adverse remark or action against the employee for any misconduct by the previous employer or subject to any information beoing found adverse to your conduct and character.Howevr, you have to take a call on it.

B.Saikumar

HR & Labour law advisor Mumbai
Thanks for the reply Saikumar. Can you please guide me whether is there any legal implication if we hire those employees (as they are not able to produce releiving letter or signed acceptance of resignation letter).
Asha
Hi Asha There is no legal implications. But if you feel the candidate is good and his conduct is satisfied then you shall employ.
You must be aware, manya time, the employers do not want to loose good employees and try to harass employees by such coercive methods.Thus the inability to produce a relieving letter may be an indication of effeciency of an emplyee also nad you can cross check it with his performance in interview or CV or your interaction with him and take a call on the issue whether he is employable or not.
So far as the legal implications are concerned, I do not envisage any for the company that is employing him since it is not under any contractual obligation with any one not to employ him. But ensure that the basic requirements are fulfilled that he is an Indian Citizen and his educational qualifiactions etc and if you are recruiting a foreign national,that he has proper pass port and work visa and any other requirement prescribed by the government for recruiting foreign nationals are complied with.
B.Saikumar
Mumbai
Dear Sir,

I am working in Pvt. Ltd. company as a forst HR in this company and joined this company in Mar 2012.

This company since 11.04.2004. but there was no epf and esi enrollment. Now my issue is Some of the employees are working with this A company from the year 2004. But A company is not existing any where in present.

My B company registered on 19.08.2006 and renamed in 05.04.2011. and EPF and ESI enrollment date is 01.01.2007.

Company A employees has been transfered to company B successfully. But there is no joining formalities is being done in the company B.

I have to complete this task from the beginning to till date as I am the first HR in this company.

I would like to ask you that what would be the date of joining of the previous employees of A company.

Option 1. EPF enrollment date would be the date of joining?

Option 2. Date of company B registeration would be the date of joining for old employees who are working from the year 2004 in previous company A.?

Please help me on this.

Your kind response will be highly appreciated.

Thanks/Keerti
Dear All,

Can anyone help me on the confirmation letter drafting..

i had prepared a draft please read and approve as my employer is want to notice period in this..

so please guide me..accordingly.

Date: 21st Nov 2012

Mr. Kumar,

House No. ************,

Faridabad Haryana- 121001

Mob:************

Subject: Confirmation Letter

Dear Kumar,

I am please to inform you that you have been confirmed to the position of Executive – Operations at *********************Pvt. Ltd. with effect from 21st Nov 2012. After receiving of this confirmation letter, you can leave the service of the Company by giving one months’ written notice or salary in lieu thereof.

Similarly the Management may terminate your employment, by giving 15 day’s written notice or salary in lieu thereof without assigning any reasons.

Your salary and other benefits (including accrued leave) will remain as per your previously stated.

Your salary will be reviewed as per company policy and increase will be based upon satisfactory or higher standard of performance in the position.



Your reporting manager will be Mr. **************– Senior Manager.

Please signify your acceptance of these terms and conditions by signing the enclosed duplicate and returning it to HR at the earliest convenient time.

If you need any clarification / support, please feel free to contact HR.

We sincerely look forward to your association with ********************** Pvt. Ltd and are confident that you will use the opportunity with ********************************Pvt Ltd for further improving the growth of your career.

****************************Pvt Ltd. congratulates you on your confirmation and wishes you well in your position.

Yours truly,

For ************************* Pvt. Ltd.

Authorized Signatory

I accept the above mentioned terms and conditions as confirmation to the position of Executive – Operations.

________________

Signature Date: _________

Kumar
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