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Hello All
I am working in HR of an IT company
I have closed a position , however now just before accepting the offer letter , candidate has come back saying his current employer is not ready to relieve him before the notice period
We have urgent opening and can wait till 1 month , candidate had agreed during the selection process however now his boss has been firm to serve complete 2 months
The candidate tried buying out himself but still in vain
His boss said if he leaves before the notice period , he wont get any relieving docs
Now as an HR , I have worked really hard to close the position and the candidate is really good
Also candidate is really interested to join us, how to deal with situation?
Also what if after mutual understanding and we waiting for 2 months , candidate joins somewhere else?
How as and HR do we hold on to candidate if we agree for 2 months. Can some document be signed by candidate that on X date he will join us
Please suggest experts

From India, Mumbai
Sr. Hr Manager
Senior Hr Consultant


No - any contract/ legal agreement signed before actual DOJ is illegal and cannot be enforced. Letter of Intent/ Offer Letter is not a legally binding document. It is a very much accepted part of recruitment practices that offered candidates do dropout - just relax.
Practical advice:
1. If you can't wait: Hire someone internally and close the position through an IJP.
2. If you can wait: Wait for 2 more months for the candidate to join - I am sure, business can wait for additional 8 weeks. Hiring someone else externally is going to take even longer time. Please stick to the candidate and follow-up extensively.

From India, Delhi

What if your company/management can wait for the identified candidate, till he gets formal relieving letter from his current employer and take up new assignments in your company, without any impediment.
Please look into this.
Else, if you/your company are not particular about relieving order form his current employer,
you can inform this to the candidate, and allow him to join earlier.

From India, Aizawl
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