Candidate Getting Threatened By Current Organization - CiteHR
Ravinderjangir
Manager - Compliance
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+4 Others

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Hello All,
I have recruited a candiadte a month ago, his joining was due by this month but he's unable to join my organization cause his current organization is not relieving him and forcing him to continue his current job. They are threatening him that if he will leave his current organization then they will not provide him his experience letter and other related documents.
What should I do in this case to get that employee relieved from his current organization and join my organization asap?
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Hi Jyoti,
As an employer we can not do anything which is related to any person's previous job. This matter is between the employee and his / her present employer.
Going forward, if the candidate is really suiting your job needs you should discuss the matter and ask management whether you can employ him without those documents (better if you declare those documents in coming threads for our understanding, also let us know that are those documents are original ones??).
Also, there may be negetive feedback about that employee while you are asking from that orgnisation. So be ready for that as well.
Thanks
Ravinder Jangir
Hello Jyoti Narwal,
Further to what Ravinder Jangir, there are also a couple of other aspects you need to bear in-mind--i.e., IF you really want him on-board.
1] Do a thorough BC of this employee--NOT the regular stuff where you or the BC Agency you hire to do the job calls the current company [obviously, like Ravinder Jangir mentioned, you are sure to get negative feedback]. While the situation you mentioned is not very uncommon, pl also note that the candidate COULD be taking this route to cover-up some of his own lacunae, etc where he could be @ fault.
2] Another possibility COULD be that this candidate has dropped the thought/plan to join you......and WHAT BEST than to give such a reason, where he can push the blame on others?
I have seen BOTH possibilities being used by candidates--quite often until it was too late to go for new hirings.
All the Best.
Rgds,
TS
Hi Jyoti,
In this case it seems like candidate do not want to join your organization, because if you have recruited him a month before, he would have submitted his resignation and would be in the notice period, but as you said company is not giving him reliving then they must have not accepted his resignation or he may not have submitted the resignation. Anyway if reliving letter is not at all mandatory in your organization and you want that particular candidate to be on boarded then you can ask him to put his resignation over the official mail id of HR mentioning his/her last date of working, and take the print of that mail from his/her sent items of mail and you may proceed with the joining formalities of that candidate.
Regards
Ashutosh
hii alll
If the above said candidate is saying true why and he had completed all format lies and company is not giving exp and reliving letter etc he may use the facility like RTI (Right for Information ) when will company give him the same..
There are two points for discussion.

(1) Relieving letter, (2 ) Experience Certificate.

(1) Relieving letter - Relieving letter is given, when proper notice of resignation is given, by an employee, and completed the term of notice period, say one month, or three months etc.

Relieving letter is also required for new employer to confirm that person joining is not in double employment.

In the current matter, if any employer is not issuing Relieving letter, the concerned employee himself should write a letter/email to his ex-employer, on his last working day (after completion of notice period), stating that ‘today is my last working day, as per my notice of resignation, and from tomorrow I am not in the service of this Organisation’.

You can collect (1) acknowledged copy of his notice of resignation, and (2) copy of abovestated letter/email, submitted by employee, to his ex-employer, on his last working day.

(2) Experience Certificate – Since ex-employer is not willing to give such certificate, you can ask for his Original Appointment letter, issued by his ex-employer, which will justify his tenure of work with that organization.

Above suggestions are purely with a view, to enable Employer/ you, to allow the person to join your organization. From Employee’s point : Both the above documents are important documents for his personal file and for his future career.
Hello Seniors,
Well, I have done complete verification and the two major issues which I am facing right now are:
1)The current employee is not willing to provide a)Releiving letter (The date of relieving of the candidate is postponed again and again)
b)Experience Letter.
2) In past also I have hired many(around 4-5) employees from same organization and most of thenm have faced similar type issues.
There are two more facts related to this case are:
1)The candidate is very sincere and dedicated person and he really wants to join us.
2)He had already mailed his resignation a month ago to his current employee and he's having meetings with his current employee on regular basis.
Hello Jyoti Narwal,

Things are a bit more clear now.

But it would have been more clear IF you had mentioned the following aspects too:

1] How long did this candidate work with his present company?

2] You mentioned that 4-5 employees you hired from this company also had similar unpleasant experiences--HOW did you handle them?

Since you mentioned that this candidate is sincere & really wants to join you, IS YOUR company willing to waive-off the Relieving & Experience Letters in this case? If Yes, then suggest take a Legal Affidavit from him that any future legal complications with his present employer will be TO HIS ACCOUNT & your company will be absolved of any participation & effect. This is NOT to say that your company WILL/SHOULD NOT get involved--it only gives your company the flexibility/option of choosing the course of action at that point of time--IF & WHEN such a situation crops-up.

This is w.r.t. YOUR Plan-of-Action.

However, it's ALSO pertinent that you PROTECT the candidate's interest also--else, frankly, it would only amount to 'USING' him for your benefit. This is where my Query [1] mentioned above comes into picture.

IF he has worked there for a long time, then he would surely need the Letters as a part of his career Track Record. You will need to figure-out on how to handle it. But, in case, he worked there for only a few months--then MAYBE he can skip that experience altogether.

Hope you get the point.

All the Best.

Rgds,

TS
Dear Jyoti Narwal,
I would like to add one more thing to it.
If the candidate has latest salary slips from the current employer then it will tell you total work experience of the Candidate. It will help Candidate also in future to show his work experience as current employer is not giving Experience or Relieving letter.
You can attach print out of his resignation letter (which candidate sent to his current employer) with salary slip for your record.
Hello Jyoti,
I hope you a back-up candidates, if the candidate doesnt join your company.
I think, he might have got a hike from his current organisation or something similar.
If you are ok in hiring him without Experience Letter, you can ask him to join without the documents.
But what he means of "Other related documents".. i hope its not original documents.
If nothing works, start the process again !!
Happy Recruiting !!
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