Commitment letter/agreement of joining organization with permission to serve long notice period - CiteHR
Labour Law & Hr Consultant
Sr. Hr Executive
+1 Other

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I have offered a candidate to join us by serving 45 days notice with his current employer, however he has come up informing that his employer is anyways not ready to relieve him before 90 days, neither the employer is ready to negotiate with him over his accumulated paid leaves nor letting him opt buy out notice days.
I had already taken approval earlier from our management and revised the candidate's joining date after 45 days instead of 30 as per the requisition.
Can some one suggest any commitment letter or agreement, bounding the candidate to join us if we extend his joining date to 45 days further?
Thanks in anticipation.
Akash Srivastava
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There is no commitment letter which will ensure joining of the employee. What I would suggest is to do not change your offer letter and ask the employee to join as per 45 days notice period only as you must have made the necessary changes only after mutual discussion between employee and other management committee. Also, ask the new joiner to once again go through his letter of appointment and see what mentioned under separation clause as if it mentioned as salary / payment in lieu of notice period then his employer cannot stop him from pay and leave option.
Dear Akash,
I think that the candidate's suitability was the prime reason prevailed upon you to relax his joining time in order to ensure him a smooth exit from his current organization so that he joins you without fail. However,Can you pl let us know what prompted you to extend the prospective appointee's joining time exactly to 45 days? Was it based on the information provided by the candidate about the notice period clause in his present job?
If it is wrong, the employee has to take a decision based on the actual exit clause of his present employment contract.Let him decide to work for 45 days and buy-out the remaining period according to the contract. When he submits his prospective resignation thus agreeing to serve for 45 days and buy out the remaining 45 days, the employer can not reject his offer outrightly. If he simply walks out without formally getting relieved, the employer may refuse to give him service certificate or take legal action against him in which he can not claim more than the liquidated damages which the employee has already agreed. You should also be prepared not to insist on the experience certificate from the immediate previous employer.
If there is no problem for you to wait for this particular candidate further, get a letter from him asking for 90 days time to join setting forth his difficulty in getting formally relieved from his present organization and also an assurance to join forth with after the extended period and consider sending him a revised offer letter accordingly.
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