Dinesh Divekar
Business Mentor, Consultant And Trainer
Insolvency N Gst Professional

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Dear All,
I am facing an issue regarding giving the show cause notice to an employee who has not completed her exit formalities in the previous organisation. We have received a letter where it is clearly mentioned that she has violated the policy and joined our organisation without completing the exit formalities. I am looking for a quick revert and need some sample copy of show cause notice related to the above issue.
Juli M Borah

From India, Bangalore
Dear Julie,
When you recruited the employee, did you ask for service-cum-employment certificate from the employee? If yes, then you cannot issue the show cause notice to the employee as his ex-company should have been thoughtful. Service certificates are issued after checking that the employee has taken clearance from all the departments and nothing is outstanding against him.
If employee abandoned the duties at his previous company and joined you, then why did you allow him to do that? Why you did not take undertaking from him that nothing is outstanding against him at his previous company.
Show cause notice is issued when employee conducts misconduct. For his alleged misconduct at ex-company, how can you issue show cause notice? Under what provisions of Industrial Standing Orders Act can you do that?
Did you call employee and asked him whether anything is outstanding against him?
Dinesh Divekar

From India, Bangalore
You mean to say, that the Employee hired by you has joined your organisation, without submitting a copy of the relieving order received from her earlier employer. Then your recruitment procedure needs to be looked into.
If she has already obtained a relieving letter, it is fair. The exit formalities should have been completed before the issue of relieving order. You may find out from the new employee, the reason for not completing the exit formalities. She may her own version.
The new employee, having hired and joined your organisation after getting a proper reliving order from the earlier organisation, it is better to think twice, before issue of a proposed show cause notice. This may create a hard feelings. Any hiring of man power, today's scenario, is a great investment / assets to the Organisation.!

From India, Madras
Dear Madam Colleague,
You have no locus standi to issue s/c notice for an alleged act of misbehavior in the previous employment and your action will lack legal strength. So forget it.
However, assuming that the the person has committed such misbehavior and joined you , it reflects on his character and lacuna in your recruitment procedure.
As stated by other colleagues, you need to revamp your recruitment procedure.
Vinayak Nagarkar
HR -- Consultant

From India, Mumbai
Dear Julie,
How come you allowed the employee to join your company without the relive letter?
Why do you come under the influence of the ex-employer of the employee?
You can not issue any show cause to the employee as he/she did not commit any misconduct.
You have to wait and see, till the action on employee initiated by his/her previous company.
You did not inform the forum what exactly the management of previous employer of the employee communicated you. The whole thing is based upon the fact of the communication. In general when an employee resign the company goes else where out of general exit, the HR people communicate to the present employer against the employe whom they failed to retain. Hope you will show your wisdom to sort the things.

From India, Mumbai
Dear Mr Vinayak Nagarkar,
Sir, you have written that "However, assuming that the the person has committed such misbehavior and joined you , it reflects on his character and lacuna in your recruitment procedure."
Assumptions are always dangerous. What we know about what happened in the employee's ex-company? There is a possibility that quality of the administration was too bad or he was not assigned duties for which she was recruited. Abandonment of employment is bad but it happens with a cause. We know nothing about the case.
As of now the originator of the post, Julie has not given sufficient information so as to reach any conclusion. Moreover, for allowing a candidate to join a company who did not complete the exit company in her ex-company is a recruitment flaw. More than the newly joined employee, action should be taken against those who are involved this recruitment.
Dinesh Divekar

From India, Bangalore
Dear colleague,
I do not disagree that selection process is flawed as no care was taken to enquire into the antecedents or to take documents relating to separation from the previous employer on record. But to suggest disciplinary action against recruiter on the basis of mere conjectures is not in good taste and is unwarranted.
Vinayak Nagarkar
HR -Consultant

From India, Mumbai
The alleged offence is done in previous company.
Present company is not connected with previous company in any manner and any irregularity said to have been committed in previous employment cannot be subject matter of show cause notice by current employer.
Current employer should examine their procedure for selection/recruitment and see whether they have slipped up in required documentation during the selection process.
Issuance of SCN is not warranted in this case.

From India, Pune
after all of above discussion if anybody can help providing "SOP of recruitment" ? I think this will help to all in future... Thanks & Best regards, Mayur.
From India, New Delhi
Thanks everyone for your valuable feedback. We have asked the employee to get a relieving letter from previous company and they have given a complain letter instead of relieving letter where it is clearly mentioned that she has not followed the exit formalities taking salary till last day and joined our organization without intimating the previous organisation
From India, Bangalore
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