Anonymous
Dear All,

A candidate accepted our company offer and submitted her resignation to her current organisation. She served her complete notice period and also settled all her dues(loans/advances) with her company. She was then denied relieving from her current organisation with no reasons mentioned.

The candidate wants to leave her organisation and join our company without the relieving letter. Her current company has warned her that legal actions will be taken against her and her F and F will not be cleared.

Our company is ready to take the candidate, however would want to safeguard the interest of the company so that previous company does not take any legal action against our company.

Require an Indemnity Bond format , a contract by which the candidate promises to safeguard my company from loss caused to her by the conduct of the promisor herself, or by the conduct of any other person or company.

HR#

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Sr.manager - Hr&admin
HR#
Senior Manager Hr

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vmlakshminarayanan
464

Hi,

I think you trying to refer indemnify clause.

You may take a self declaration from that candidate stating that she got relieved from her previous employer but not received the relieving order. The content of the letter can be
" I _________D/o______ residing at _________ hereby state that I'm joining with___________(name of your company)as_____ designation w.e.f_____ (joining date).Further I hereby confirm that I got relieved from my past employer___________(name of the company) officially on______ (last working day with previous employer), however not received the reliving order from my past employer. Further I here by indemnify and safeguard the interest of M/s. _____(name of your company) in case of any legal action initiated by my past employer in future.

From India, Madras
vmlakshminarayanan
464

Hi,

Further to the above, want to clarify that the candidate's past employer cannot initiate legal action without any proper proof or justification as she had completed her notice period properly. However please enquire and find out any she got involved in misappropriation of funds with the past employer.

From India, Madras
HR#
Dear Sir,

Thank you Sir for the Declaration format.

But what relief in case of employee takes legal action against previous company for her F and F settlement and gratuity. Similarly previous company sends legal notice stating dual employment as the employee is still not officially relieved from the company.

Can we have an indemnity bond signed by the this candidate not binding our company into any legal proceedings and also cover any costs related to legal expenses in future the candidate or her previous company files any law suit.

HR#

From India, Pune

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