A candidate joined a new company without resigning in his current company - his current company has not given him any appointment letter,(there is no written clause of notice period.... but they insist on 3 months, withhold salary, not give experience letter etc)
The new company has sent him back to get an accepted resignation letter (only then they will give him appointment letter) his previous company insists on 45 days notice.... how can i as a recruitment consultant solve this situation...

From India, Mumbai
Dear Nimisha,
" Two wrongs don't make a right " is a proverb used to rebuke or renounce wrongful conduct as a response to another's transgression. Therefore, no use in delving deep into the legal aspects of the situation just because of the absence of appointment orders or stipulation of a specific notice condition by the employer under whose service the employee is supposed to be still logically in.
As a recruitment consultant, you are bound to recommend a candidate based only on the conditions stipulated by the prospective employer who is your principal. If the candidate is also very particular about getting a berth in your principal's organization, ask him to pay the notice amount and obtain a formal relieving orders from the previous employer.

From India, Salem
thank you sir, i fully agree with you , i was asking only so that there can be a way of saving a job of a immature employee..
i have in my decades of recruitment experience, never come across a candidate doing this
however looking back at the whole interaction with the candidate and his approach.. his appointment has been withdrawn

From India, Mumbai

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