Hello All,
Recently we faced many issues of employee backing out in the week of joining. Either their current employer retains them or they sell out the offer to another employer.
After waiting for long 3 months of their notice period, we get to know that the candidates are not joining; Which is very frustrating. Unfortunately, it has become very common in IT companies.
Is taking original degree certificate legal at the time of processing the offer letter as a security of the joining? We intend to give them back on the day of joining along with the appointment letter. (We can write this in the offer letter as well).
Please guide.
Thanks,
Mansi
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Hi,
You can ask the new joiners to sign a non disclosure agreement and retain them. for assistance in drafting our legal experts can assist you.
Regards,
KM
Sr.Consultant(Labour and Hr Compliance)
7708907021
Retaining original degree certificates of employees or would be employees is wrong.
Keep standby candidates to cter for would be employees as a safety measure.
We have 1 open position of Sr. Web Designer. Salary for them would be around 60-70k per month. We cannot offer 2 candidates in the same position. What if both the candidates accept the offer and join, which we do not want. And I don't think cancelling the offer would be a good idea.
We have the NDA in place once they join the organization. Holding the candidate and making sure that they join on the promised date is a major concern right now
Stand by candidate should only be told that his application is in process.
Balancing act would be needed.
No would be candidate should be given wrong assurances but can be kept in a list so if X doesnt join Y can be called
What if the employee leave after joining and receiving the original documents back.?
You can keep the documents of joined employee if no law is objeting it,but give a receipt for it.
Varghese Mathew
9961266966
Retaining or Keeping in custody, any Personal Property of Others such as Academic Certificate/ Testimonial, witho or Without consent- expressed or intended, is Outright Unlawful and shall amount to withholding it Under Duress.
Persons Not joining Job in spite of Employment Offer Letter or Appointment Letter Can Not Be or Need Not Be coerced by Certificate Retention, Rather Examine the Root Cause of such Persons Not Joining which when you truthfully examine/evaluate may surprise/shock9 us
Kritarth Team
30.8.19
In absence of testimonials you can take post dated cheque equivalent amount of notice pay.
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