This regarding your query with regard to an employer not willing to give a relieving letter to an employee whom you wish to recruit.
1. It is an employee's legal right to choose to resign from the employment of an employer for whatever reasons.
2. No employer can compel an employee to continue to work for him.
3. If the employee has fulfilled the terms and conditions stipulated in his/her Appointment Letter with regard to his/her "Exit", the employer does not have any legal right to hold him back against his wishes.
4. The best course of action would be:
a) Obtain a copy of the Resignation Letter which the candidate has submitted to his previous employer. If it has not been ancknowledged, then ask the candidate to send it by Registered Post. Retain the letter and the receipt of the Regd. letter in his personal records.
b) Obtain a written Undertaking from the candidate to the effect that:
(i) He confirms having resigned form the Services of the Co./Organization he/she was working before.
(ii) He confirms that theer are no outstanding dues he is liable to pay to his previous employer.The HR person of the cuurent(new Co.) could also write to the previous employer stating that the said candidate has resigned from his ( previous employer's) organization and that he has joined your Co. Request the previous employer to release him and allow the concerne dcandidate to settle his dues.
(iii) he undertakes that in the event his previous employer takes any action against him, it shall be his responsibility in its entirety and he shall have to face the consequences. However, if the candidate has not done anythinh wrong,as an HR person you should support and guide him.
(iv) Always keep the BOSS informed.
Best Wishes,
Vasant Nair
1. It is an employee's legal right to choose to resign from the employment of an employer for whatever reasons.
2. No employer can compel an employee to continue to work for him.
3. If the employee has fulfilled the terms and conditions stipulated in his/her Appointment Letter with regard to his/her "Exit", the employer does not have any legal right to hold him back against his wishes.
4. The best course of action would be:
a) Obtain a copy of the Resignation Letter which the candidate has submitted to his previous employer. If it has not been ancknowledged, then ask the candidate to send it by Registered Post. Retain the letter and the receipt of the Regd. letter in his personal records.
b) Obtain a written Undertaking from the candidate to the effect that:
(i) He confirms having resigned form the Services of the Co./Organization he/she was working before.
(ii) He confirms that theer are no outstanding dues he is liable to pay to his previous employer.The HR person of the cuurent(new Co.) could also write to the previous employer stating that the said candidate has resigned from his ( previous employer's) organization and that he has joined your Co. Request the previous employer to release him and allow the concerne dcandidate to settle his dues.
(iii) he undertakes that in the event his previous employer takes any action against him, it shall be his responsibility in its entirety and he shall have to face the consequences. However, if the candidate has not done anythinh wrong,as an HR person you should support and guide him.
(iv) Always keep the BOSS informed.
Best Wishes,
Vasant Nair