Facing a Dilemma: Should I Hire Without a Relieving Letter and Risk HR Policy Issues?

Dear Members,

Recently, I was given the challenge of recruiting a person for an upcoming project in a very short span of time, which I accomplished. The only concern that I have as of now is that the resource who was offered the position has expressed his inability to obtain a relieving letter from his current employer due to the very short notice period served. My manager strongly desires him for the project as he is highly suitable. As an HR professional, what is the right course of action? Should I proceed with the recruitment without his relieving letter? Or should I clearly communicate to my management that this action goes against HR policies?

In the event that I recruit him without his relieving letter, what potential consequences could I face as an HR professional? Your advice on this matter would be greatly appreciated.

Thank you.

The resource says that upon knowing the fact, his employer may not give me his relieving letter, so there is very little chance, and there is no option of buying the notice time.

Hi Sunitha,

If the candidate is that important to your upcoming project, give him some time to submit his relieving letter. But be clear when you give him time. You can get a copy of his offer letter and payslip for our evidence that he is an employee of that concern. Get a written statement signed from the candidate stating that his offer will be declined if there is a delay in submitting the relieving letter.

Regards,
Shanthy Jagathesan

Thank you, Shanti, for sharing your thoughts about this issue. I would like to ask you about the consequences faced in case we hire this resource with the relieving letters.

Sunita,

Go ahead and recruit him without reliving any letters; as a result, you won't face any consequences because it is a necessity for the company.

Dear Sunita,

Another option I may not be sure about, but you can hire him as a fresher if possible, provided his service in the previous organization is less.

All the best,
Lydia

Recently, I was given the challenge of recruiting a person for an upcoming project in a very short span of time, which I accomplished.

First of all, congratulations on closing the position.

The only concern that I have as of now is that the resource who was offered the position has expressed his inability to obtain a relieving letter from his current employer as the notice period served is very short.

In this case, you can have his appointment letter and his salary slips for the last 3 months, which can serve as proof of his employment and salary.

Now, as an HR professional, what is the right thing to do? Saving the project is also a part of HR duties, I think.

Should I recruit him without his relieving letter? Take the other documents and make a note of the situation explaining why he is not able to get the relieving letter. Alternatively, get it signed from him stating the reason and the situation.

In case I recruit him without his relieving letter, what consequences should I be facing as an HR? If management is involved, there may not be any significant consequences.

Dear Sunita,

Please do not hire him without any proof that he has requested the previous company to provide a relieving letter. It is against the HR policies.

Best Regards,

Sajid Ansari
Delhi

Decide the path, you want to go by ethics or you want to go by need. If you go by ethics, there will be difficulties now, but later things will be much better. If you go by need, you have to violate the rules and you will send a wrong message to other employees. The same will set a wrong example for future recruits. You need fish for life long, not for only one day.

Sit and understand why the manager needs him that early. Analyze if anyone in the organization has the capability to do the same. Do a root cause analysis. Understand whether the need is the person or the project to be completed. If that person can only do the work, please buy out his notice period. Never hire any person without a relieving letter.

Two sayings come to my mind now:
1) All dogs will have their day.
2) There are 20 other ways to do a thing.

Dear,

If your company needs him urgently, then talk to your seniors about the issue. If they have no objection without a relieving letter, you can do so. Sometimes we have to be flexible in dealing with persons but with care and caution.

Cheers, B. Dakshina Murty

Hi Sunit, you can buy his notice period. And then, if the present employer does not give the relieving letter, ask that person to bring the full and final settlement papers after you buy the notice period. That also helps you to prove that the employee has been relieved from the ex-employer.

Sunitha,

While I would go by the company's need for the time being, to close all loose ends, I would request the guy (who doesn't have a relieving letter) to mark a BCC in all his correspondence with his previous organization asking for separation documents (including resignation if he hasn't done so). The positive aspect of this move is that you are really assured that the guy is attempting to get his separation documents (which indirectly proves that he has resigned in this case) and the folks at his previous org are not helping him out. This at least gives you some confidence in him. If he doesn't mark you in BCC, then I would be open to ask a painful question - has he really resigned? And has he joined your firm for good? Usually, it happens that the guy might have applied for a long leave (e.g., 3 weeks or at times 8 weeks) and is in your org to check whether everything is up to his expectation. If he doesn't find the work good, presto, he will vanish, and you will be left high and dry. Then the likely consequence is your inability to recruit good candidates. So my suggestion is to monitor this guy by way of his correspondence with his management in his previous setup so that you know that he is inclined to join you and not spend some time with you and check on things. You can file those relevant communications in his employee file for future references. It's tricky and could get messy if you fail to monitor, and at the same time, it's not a good practice to do such things. It's a bad HR practice, but I guess every now and then, we all have to do dirty jobs. The skill is to manage it well while keeping all ends closed. :)

Better to tell your management that they need to wait until the new hire gets the relieving letter. We should have a sense of corporate responsibility. If you violate it today, tomorrow the same employee or another employee can follow the same path.

Dear Sunitha,
You can take him without his relieving letter under this circumstance,
You need to ask for the copy of accepted resignation letter from that guy, and you need to take the copy of his ID card, and you need to take three months bank statement as on date, finally the copy of his last pay slip,
If you receive all these records you can take him with immediate effect so you no need to buy his notice period at the same time you're not going against HR ethics,
Thanks & Regards
Sree
99624 99911

Dear Sunitha,

You can take him without his relieving letter under this circumstance. You need to ask for the copy of the accepted resignation letter from that guy, and you need to take a copy of his ID card, and you need to take three months' bank statement as of the current date. Finally, include the copy of his last payslip.

If you receive all these records, you can take him with immediate effect. Therefore, you do not need to buy out his notice period, and at the same time, you are not going against HR ethics.

Thanks & Regards,

Sree
99624 99911

Dear Sunita,

Hiring anyone without a relieving letter is not only against ethics but may potentially expose your company to legal issues. If required, the present employer can file a legal notice to the employee at any time based on the Non-Disclosure Agreement he/she might have signed during his/her tenure with that company. If that employee is your employee when the legal notice is served, your company will also be part of that legal action. This situation will not only waste your resources (money, time) but may also damage your credibility in the market.

I strongly suggest that you educate the hiring manager not to expedite the joining formalities for short-term gains. Instead, advise him to continue managing the project without this resource for a little longer, as he is currently doing.

Regards,
Ashok

I agree with Peer Mohamad. What he says is perfectly correct. You have to put your foot down somewhere. There is a possibility that the candidate might get the relieving letter, or else he is taking time and might take a chance to increase his pay package in his company or somewhere else. Be aware of that.

Sunita,

Nowadays, most companies are recruiting people even without a relieving letter because it's the need of the hour. Having said that, it is important to at least ask the employee to provide a copy of the resignation acceptance at least. He may also be asked to forward the resignation letter/email that he would have sent to his manager. The only consequence, to my mind, is double employment, which, in any case, is something that an employee has to consider.

Regards, Rajesh

Hi Sunita,

As everyone stated, try to get his resignation acceptance copy and do not share any of your company's secret documents until the scenario is settled. You can also give a reference check or past employment verification call to his current company to know the truth of his resignation (speak to any of the Senior HR). Your email would be a direct message to them that so-and-so has been recruited by your company without a relieving letter.

Thanks,
Kevina

Hi Sunita,

1. Ask the candidate how long it will take to receive the relieving letter from their current employer. If not, please analyze or find out the reason. Then, inform your boss about the situation.

2. Even if you decide to recruit the candidate, there is no harm in getting a detailed written statement from them. However, please ensure you communicate this to your superior.

3. The relieving letter is necessary for our company's standards, future verifications, and NOC from their previous employer.

Regards,
Rams

Dear Sunitha,

Your shortlisted resource does not need to inform his employer that he is joining another organization. He can instead inform them that he is pursuing higher education and needs to be relieved, offering to pay the notice period. Upon receiving proof of payment for the notice period from him, you may reimburse.

Bagavathi123

Appoint him as a probationer (temporary) and give him some time to submit the letter. Meanwhile, watch his performance.

Hi Sunita,

Hiring a person without a relieving letter might seem like the need of the hour, but there are a few things to be considered:

1. This person cannot work throughout his life in your company.
2. He might leave your company, say, in another 2 to 5 years' time.
3. Will he not face any issues with the company that hires him at that point?
4. No company (in the days to come, as the market is ramping up) would hire a person without a relieving letter (they will check the person's experience history).
5. It's not advisable for anyone to leave a job without a relieving letter. They might face issues thereafter.

So kindly inquire if you could buy out his notice period if you are in urgent need of this resource; otherwise, wait until he gets his relieving letter and then hire him (the option to buy out is always open).

Regards, Priya

It's quite funny and painful how we change rules and go against ethics whenever we need. On one side, we are very stringent when it comes to relieving our employees. At that time, we talk about the relieving letter, notice period, etc. When it comes to others, we go to extremes to do anything. The problem here is that the root cause has not been analyzed yet. As HR professionals, let us follow at least minimal ethics. Members, why was no one able to give your thoughts in the way I have mentioned?

We are not going against the ethics as the employee is yet to join our organization. I have conducted this R&D in order to know how to deal with the situation in case it arises. There is always a very thin line of difference between ethical and unethical decisions as it's all about perception.

Maybe it's time to frame yet another policy to address this issue.

Dear Sunita,

Please find my replies to your queries.

Recently, I was given the challenge of recruiting a person for an upcoming project in a very short span of time, which I successfully accomplished.

Please do not consider this a challenge; it is our basic job.

The only concern I have currently is that the resource who was offered the position has expressed his inability to obtain a relieving letter from his current employer due to a very short notice period served.

This concern is not unique to you; it is a common issue. The conditions in your organization are likely similar to those in the organization where the person is currently employed.

My manager is insistent on hiring him as he is well-suited for the project. As an HR professional, what is the right course of action? Should I proceed with the recruitment without his relieving letter?

If the manager believes the new person is suitable for the project, why has he not considered the resources currently available within his team? It raises questions about his managerial abilities.

Should I inform my management clearly that proceeding without the relieving letter goes against HR policies?

Always speak the truth. Consider the potential repercussions when another employee who wishes to leave points to this incident. Think of the consequences in the future.

If I recruit him without his relieving letter, what HR-related consequences might I face?

Never compromise on ethics. If he continues to work there, what proof will you have if he takes away sensitive information? Think carefully.

Please advise me on this matter. I am not here to provide advice but to offer my thoughts. Please consider your decision carefully as a Human Resource professional.

Please think before you make a decision.

Thank you.

Well said, Peer, that's true.

It's always better to go by ethics, not minimal ethics. If we bend the policy once, then we would be expected to bend it again and again until it breaks. Finally, we ourselves will forget the policy. Policy is the framework; let us always stick to our framework. If we cannot, then let's change the policy.

Let's help our employees by abiding by our cherished framework.

Let us not take a shortcut to find a solution; rather, though it costs us, let's go by ethics.

Try to pay for the notice period and evaluate that employee if he is worth that much; think twice.

Prior to that, please do a cross-reference by calling this person for a different post from a different number to verify if the person is providing the correct information.

Try to get the person's offer letter and find out the accepted notice period with his company. Ask him to send you his resignation letter that he would have forwarded and verify the date of his request.

If you find everything to be true, go ahead and pay for his proper relieving and get him. If you have any bond in practice with your company, please exercise it to a certain extent if you are not so confident.

Regards, Priya

Dear Sunita,

I strongly feel that you should clear all the formalities and execute with Mr. Right. This is in order to finalize the situation.

It is essential to avoid any potential conflicts or issues that may arise in the future due to the non-availability of documents from Mr. Right. Therefore, it is crucial to follow the company policy. Please try to convince your boss regarding this matter.

Thank you.

Dear Peer,

I have not made any decision regarding the resource as of now, so whatever you have suggested is all about the consequences in case I hire without his relieving documents. All that I wanted from learned members like you is the solution because it's a little tricky situation. Anyway, I sincerely thank you for all your suggestions.

Hi Sunita,

This is the problem we face each and every day in our company. We always have tight deadlines for hiring, so we discussed this with our senior management and implemented a new policy. Candidates who cannot submit their relieving documents will be considered only if they provide a resignation letter duly signed by their immediate boss or a No-Objection letter. However, in that case, it is important to verify the references the candidate has provided.

As the candidates are leaving their company early, they are also losing some benefits such as PF, the remaining month's salary, or annual bonuses. Therefore, the HR department should be somewhat lenient towards their concerns. I believe that if a company cares for its employees, the employees will reciprocate that care. This, I feel, is above all ethics.

Please share your views.

Thanks,
Asitav

Dear Sunita,

A contemporary similar post is continuing in this forum, here's the link. Hope it helps you in getting more inputs on the issue: https://www.citehr.com/180282-new-em...tml#post792374

I have responded to this thread which I am quoting herewith FYKI:

Regards.

It would be advisable to get the person with a proper relieving letter. Though the requirements are urgent and needed, if we take the person without a relieving letter, he may be in a service bond or would have to pay some dues to the company. Moreover, his earlier company, if they know that he is serving your company, can also write to your management on this. It would be better if you buy time and ask the individual to submit his relieving letter. There may be chances that the employee may be given a counteroffer by his present employer. Please also keep in view.

If the position is very urgent and you need to provide the manpower immediately, you can recruit him without a relieving order because this is a requirement of the company. So, there is no need to worry. You can go ahead and accept his joining without a relieving order.

Dear Sunita,

This is what I feel - have a clear talk with the manager (who badly wants the candidate) about the current scenario of the candidate without a relieving letter. Take him into confidence and your side (hence you will not face stiffness later). Along with that, what some others have posted, go with that too. Giving the candidate a notice of the last date, and the offer letter can be declined if the relieving letter is not submitted on time, etc.

Don't be easy on no relieving letter as my colleague has faced a bomb for doing such a thing, and that he was enjoying working in two companies.

Dear Sunita,

Before you check for a relieving letter, please go through whether the incumbent has been issued an appointment order by the previous company. Read through the agreement to see what it says regarding his termination. If he has a valid appointment letter, it is better to get the relieving letter as well before you hire him/her. In case he was not relieved officially, he can be sued for double employment by his previous employer, and as you are the new employer, you will hold legal responsibility and liability.

These are the legal consequences.

Regards,
David Wilson

Sunitha,

You are not supposed to get a resource on board without the relieving letter. Another way is to buy out the notice.

Regards,
Simon

Dear Sunita,

In my view, you can hire him if your situation is worse (niche time to get another resource, he got selected after so many rejections). And you should not reveal that the candidate did not submit his relieving to the Technical department. Find out the project duration and tell him that at any cost, you need the relieving letter from him as there are possibilities to send him abroad where all the documents are necessary to submit at the Consulate. Give him the duration till his probation. Try for some more resources as well, whereas the management will be concerned about the billing. If the candidate is not there, then they will lose the amount. So, think about their point of view also.

Best Regards,

Naren Manager - Human Resources JNET Technologies Pvt Ltd.

Dear Sunita,

As I am new to the HR industry, I have some good points to share.

1. Now, think inversely: if your employee leaves the organization without giving a notice period, would your company or you provide a relieving letter? If yes, ask for the relieving letter. If no, why request a relieving letter?

2. I have read all the answers from members, and I noticed that some suggest asking for a relieving letter after providing time. However, can the employee meet your requirements after leaving without notice?

3. If the candidate is the best fit for your project, consider hiring him with the last 3 months' salary slips and a photocopy of the appointment letter.

4. None of the members have taken the candidate's side. He is willing to join due to better opportunities in terms of salary hike and responsibilities. If you hire him with the condition to submit a relieving letter by a specific date, and things don't go as planned, leading to failure to provide the relieving letter with a known reason, what would you do? Would you support him or terminate his employment? If termination is the possible outcome, it's better not to recruit him, as hiring him and then firing him would harm someone's career.

Regards,

Jagad Prashant
Ahmedabad

This is 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 acknowledged, 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 from the Services of the Co./Organization he/she was working before.
(ii) He confirms that there are no outstanding dues he is liable to pay to his previous employer. The HR person of the current (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 concerned candidate 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 anything wrong, as an HR person you should support and guide him.
(iv) Always keep the BOSS informed.

Best Wishes,

Vasant Nair

Yes, I agree with one of the responses I read on this issue. The "EXIT" of the candidate from his previous employment should be neat and tidy.

Vasant Nair

Hi Sunita,

You can do the following things:
- Get a copy of his last drawn payslip.
- Get a copy of his offer letter.
- Get a background check done.
- Get a copy of Form 16.

As of now, he can submit a resignation acceptance and then post-joining, he can submit a copy of his relieving letter (but please get a resignation acceptance at least, or you will have a problem during audits). Do get a letter in writing that states the reason for not submitting the relieving letter and get an email approval from your manager, which mentions that this candidate has been hired without a relieving letter because of business need. File a copy of the letters and emails in his personal file.

Ask him to submit a copy of his resume without mentioning the name of his last company (but this is very risky, and you need to keep your manager informed and get his approval).

Buy out his notice period.

Dear Sunita,

I have some opinions as follows:

1. Firstly, I agree with Jagad Prashant that your company will not give a relieving letter to the employee who left the organization without giving you a notice period.

2. Labor force is simply a commodity; therefore, they can sell themselves anywhere in the labor market. Your company is in need of hiring them. If they are ready to work, you should perform your responsibility. Why are you asking for a relieving letter? For what purpose? I am afraid that you will lose the best candidate suitable for your company's project.

3. There is no need to ask for the last 3 months' salary slip because, as I mentioned, labor is a commodity, and everyone wants to sell at a higher price. As the buyer, you should negotiate the price with them.

4. In some special cases, a relieving letter may not be necessary for the recruitment procedure, as it does not assess your occupational ethics. You should do what is right for your company's benefit.

Regards,
Ta Tat Luong

Just go through the proper background verification. Take the reference number from his last company and speak with them. After checking, you can decide.

Hi Sinitha,

According to me, you can hire that candidate as it is a need of your company. But before hiring, just do a reference check of that candidate regarding his previous performance and all.

Thanks,
Puja Kumar

I also faced this problem in the past. I adopted the following strategies:

1. Make your management aware of the risks involved.
2. Give the employee a few days to properly relieve themselves and bring the necessary documents.
3. If there is no relieving letter, the candidate should be able to produce a copy of the resignation duly forwarded by their previous HoD.
4. Have the employee provide a letter stating that this does not amount to double employment and that any litigations arising from this will be their responsibility. (This may not be ethical since it is for your benefit, but it will protect you.)
5. Try to contact the HR department of the candidate's previous employer and understand the situation. Remember, you could also be in a similar situation one day!

Please ensure there is a single line break between each paragraph for better readability.

Dear All,

Thanks again....

Prashant, let me tell you the fact that the company this resource is working with is owned by 2 friends. As such, they don't have any HR/Personnel department. One of the friends is abroad, and the other takes care of the Indian operations here. So, I don't think I can expect such an email from an HR department when there is none in place.

With my experience, I understand that no action can be taken in such a case. So, you can smoothly hire this candidate. Just to be on the safer side, check with him if he can submit the relieving letter later on. I don't see any complications with this.

Dear Sunita,

A person cannot be engaged without getting clearance from his previous employer. If the previous employer does not provide a relieving order, you can instruct the candidate to submit his resignation by specifying his last day of attendance and details of the notice pay to the company. This can be done by issuing an authority letter to recover the notice pay from his final settlement or by attaching a cheque for the required amount of notice pay along with the resignation letter (as per the agreement signed with the company when he was engaged, for the settlement of notice pay at the time of resignation).

After this process, you can proceed to engage the candidate for the post with a receipted copy of the resignation letter.

Warm regards,

S. Bhaskar
9908732667

The best option is to stick by the rules of your organization and the governing HR policies as applicable. If this is a "must hire," then present the case to senior management and arrive at a solution by ensuring that the higher-ups in your organization are well aware of the hiring approach and approve bending the existing rules for business reasons.

On the contrary, if you are calling the shots, then the responsibility rests on your shoulders and will be placing your reputation and decision-making prowess at stake should the other employer lodge a complaint to your senior management over unethical hiring (technically "poaching").

If one can't bend the rules, then don't attempt to break them, just live by them.

Dear Sunita,

Do not hire a person without proof that he has been relieved from his last employer. Sooner or later, in the absence of a relieving letter, he will definitely move back to his employer. At least ask him to submit a copy of the resignation duly accepted by his divisional head; however, you will have to check the authenticity of the same. There are more chances of him moving back to his last employer if you allow him to join without any such document.

As far as consequences are concerned, once a candidate signs all the employment forms with the new employer, you may take necessary action against him. But the last employer cannot be blamed for it as they have not given any relieving letter, and the same person cannot be on two payrolls at a time.

Best Regards,
Amit Tomar

Hi Sunita,

A lot of times, it does happen when there are ethical dilemmas due to pressures in hiring and there are pressures from managers to meet deadlines, and we end up hiring the wrong person. It is always better to go through a proper procedure. Though you can always talk to your RM and discuss the situation. To be on the safer side, do a RefCheck on him. As our other members say, buy out his notice period, but do not do this without a proper RefCheck on him.

Regards, Pragya Giri

Hi Sunita,

I could not understand why there is such panic if you have recruited a person without a relieving letter. Let's first understand why we ask for documentary proofs such as a payslip, letter of appointment, or relieving letter.

We ask for an appointment letter, payslip, and relieving letter for many reasons:

1. To check his duration in previous employment.
2. To check his growth in the organization and current remuneration.
3. To check that he has not committed any fraud with his previous employer and has cleared his account amicably.

Since you mentioned that it was necessary for your company to hire a person in a very short time, it is obvious he cannot serve the notice period to his current employer. Therefore, the company is going to deduct one month's wages in lieu of the notice period. However, there are possibilities that he might not have that much amount left in his credit or he could have taken a loan which can be forfeited from his account, then probably he will not go for taking his full and final settlement. In such circumstances, there is a doubt on his integrity.

He could have left the company without giving notice, but after selling his one month's wages to the company, and your company should have bought it. If your company is not ready to buy it, then you should not be worried whether he has settled his account or not.

Although the employee should settle his account with his previous employer, whether paying one month's salary or getting it waived off, and in both cases, the employer will issue him a relieving letter. However, in cases where an employee has joined without serving notice, it is probable that he cannot produce a relieving letter at the time of joining, but he should submit it later.

One thing is sure that it is going to cost the employee as he may need to travel to the previous company to settle his account and obtain a relieving letter. He has to bear the traveling expenses, notice pay cost, and the wages cost for the period he will be on leave for this purpose.

If he can produce an appointment letter and last month's payslip, your purpose of knowing his previous employment and pay history is served, but the credential check remains in doubt unless he produces a relieving letter.

Ultimately, it is up to the management. There is nothing against policy. Policies are made to facilitate the organization, and you have done the same.

Relieving letter is important, but remember in today's world, nobody wants to relieve a competent person. That exactly happened to me as well. I could not submit my relieving letter to my present company. However, I showed them the resignation letter which indicated that I had served the notice period.

In your case, he has not served the notice period and jumped on a lucrative offer. So, it is natural to assume that he is of such kind. When a person works with a company, they have certain legal as well as moral responsibilities that they should fulfill. I believe he should serve the notice period and provide clear evidence of doing so, making the relieving letter unnecessary.

A question may arise as to why, generally, companies do not issue experience or relieving letters after the notice period, citing financial discrepancies as an excuse. In such cases, you can pay a fee.

If the previous employer files a case after the notice period has been served (even without pay), the court will take a liberal view of the candidate, even if monetary matters are involved. However, not serving the notice period is immoral, unethical, and illegal.

Hi Sunitha,

A HR professional has to act on a situation basis. You can start by conducting a reference check. Collect the references of the candidate's reporting person and HR contact. Reach out to them via telephone (using the company landline) to have a conversation and confirm the details. Additionally, request the candidate's last three months' salary slips and offer letter. This documentation should suffice if the candidate does not have relieving papers to submit.

Regards,
Anu

Relieving letter is always a requirement of the recruiting organization, not the potential employee or the relieving company. It is unethical for any company to withhold a relieving letter, but it is equally unethical for the recruiter to make it a condition for employment. It's like playing god. Why not start a strong reference-based recruiting instead, that saves a lot of doubting time.

Anandarup

Dear Sunita,

There are a lot of good candidates working in small to medium-scale sectors. So you have to look into this "Relieving letter issue" in the macro situation and pay emphasis to the situation. If everyone wants an experienced candidate, from where do you get experience?

So if everything is to be done, then there is no need for an experienced HR Manager for the company in the first place.

You should view where he worked, how he worked, and how long he worked. Today, 90% of Pvt. Ltd. companies never give a relieving letter for the fear of non-registering PF, ESIC, Workmen's Compensation Act, BMC Labour tax every 6 months return submission, and TDS not deducting, etc.

It is a well-known factor, so you should understand the situation.

Secondly, if the person comes from a reputed company but is unable to get a relieving letter, then:

1. Obtain a Resignation letter which should be with a notice period.

2. If the notice period is not fulfilled, then they will not pay their salary, so you have to compensate him.

3. When you need a good candidate but the present company he works for does not pay well and also does not relieve him officially, then that is not a big issue for you. As far as the salary and TDS are concerned, you will deduct as to what you pay him.

4. No need to worry.

5. Credentials can be checked through his contacts, who would vouch for him; say his company's Bank Manager, or some other officer, or some CA who knows him well, etc.

On the whole, HR should not stand as a threatening issue but a cordial relationship should be made, and when you have a free discussion with the candidate, you will know the person's difficulty.

After all, we are all human beings living the life with all-round problems. So we should all be helpful, but workwise be alert.

As an HR professional in the U.S., I have a few thoughts after reading your posting. Ethics is always what you live by, but in the case of your ethics being challenged by a hire, you must take a couple of actions. Always protect yourself!

1. Don't ever make it your decision to change company policy! Challenging company policy is good, but it must make sense. In this case, I would not challenge the policy. Go to the hiring manager and senior management in HR and let them work together on making the decision. This takes the decision off of your hands and puts it in the hands of management. Management will then have to answer to the executives for any decision.

2. When it comes to documentation, you can always ask for supporting documents. In the states, asking for taxes to prove income, especially in a sales or IT position. Check stubs or offer letter from the previous employer, certificates earned (these often have the company's name on it).

Hi Sunitha,

If I were you, I would hire him. If a candidate decides to quit an organization, no organization can make him stay. Yes, they will ask him to serve the notice period. As you say, you cannot buy his notice period. Either you allow him to serve his notice period in his current employer (this will ensure he is ethical in his approach). If he declines and conveys he wants to join your organization immediately, suggest finding another candidate as he can never guarantee his partnership with you for a long time. But if your organization has an urgency to fill this position and he/she possesses the right skills and attitude, hire and forget about other things.

Cheers

It depends on the situation. If the project is really critical and you need to hire a person ASAP, then we have to discuss with the management and the Project Manager about the joining time. If it's less than 10 days, then it's difficult for a person to provide his experience and relieving letters. However, you can take his Appointment and offer letter with his last 2-3 salary slips as proof of his experience with that company. The offer letter and Appointment letter will serve the purpose that he received an offer from that company and was working with them, and the Salary slips will indicate that he has been working with that company until the month mentioned on his last salary slip. But before making this decision, you need to discuss this with the PM and the Management (HR and Operations Manager). The HR person is responsible for following the procedures, but if a project is more important than following a process.

Departure of employment is in bilateral. i.e. it can be from “Employee” or from “Employer”. For that we use to have clause in offer letter/ joining latter/ employee hand book. And this is legally valid if there is compensation is involved.

Now 1st you have to do following thing before taking any action:

Verify that:

1. Currently he is employed with said org. (get pay slip, Salary a/c bank statement and offer letter of that org.)

2. He has resigned from the org with immediate effect (get an fwd copy of mail has been send to HR and his present Manager)

3. Compare costs “Not hiring him immediately Vs. Cost of buying his notice period”.

4. How much your organization can pay as a joining BONUS.



Action:

1. Offer that person to give a notice for 7 day, which is well acceptable for Knowledge Transfer.

2. Inform he manager that will it be OK if he joins team after 7 day with that commitment the he will recover all work in next 15days.

3. Inform that person like.. He will be joining after 7 days a project, he need to do hard work to cope work loss and he would be awarded with money as Joining BONUS. [As delay in any project at start point of 7 days would not be a big deal if this is not a very short project (less than 3 month projects), and well planned and scheduled.]

Advice:

1. Other organization can not deny giving reliving latter, if employee has given the resignation notice with at least 7 days notice period as well as ready to compensate for not completing notice days as per the joining letter.

2. Do not make issue for reliving letter (make sure he as resign) in term of giving time line to submit that letter as this would be a threat to the person to join your org. what if he can get reliving letter in time – as he is project critical and he as taken action on the basis of your offer (as per the contract law), you will not be in such position to take any action at that point of time so better do not give time now it self.

3. Cost of hiring of that employee will go to that BU, so let that manager take a call to offer things or not (joining Bonus, buying the notice period and 7 days delay of project part for that emp, as he would be compensating that after joining).

Enjoy:

Aman :-)

Dear Sunita,

It is simple. If you are giving your company's appointment, he/she may not join your firm because after seeing your appointment letter, the current employer should pay more to him/her. If you need his service immediately, then pay him an advance of one month's salary for his present employer, and the present employer should mention this amount in his final settlement statement. Otherwise, you should search for another candidate; you will find better candidates as well.

Regards,
TM

Dear Members,

Recently, I was given the challenge of recruiting a person for an upcoming project in a very short span of time, which I accomplished.

The only concern I have now is that the resource who was offered the position has expressed his inability to obtain a relieving letter from his current employer due to the very short notice period served.

My manager strongly desires his recruitment because he is highly suitable for the project. Now, as an HR professional, what is the right course of action? Should I recruit him without his relieving letter? Or should I clearly inform my management that it goes against HR policies?

In case I recruit him without his relieving letter, what consequences might I face as an HR professional?

Please advise me on this.

Regards,
Sunita123

Hi Shanti,

If the said candidate has given the resignation to the last organization, you can proceed with the resignation copy of it. By rules, management has to accept the resignation unless and until there are some issues related to dues. By this way, the company can't take any action against you. After resignation and acceptance of resignation, you can proceed with the candidate.

Just communicate to the candidate that you are ready to buy his notice period so that he can mention in the resignation that he is ready to pay the notice period. Ask him that he has to manage the acceptance of resignation, then and only then you can go further with his candidature. Let him push himself as well.

Dear Ms. Sunita,

You can do one thing that is legally acceptable: tell him to give one written note on a stamp of Rs. 50/-, as "Shapath Patra," stating that he is not working anywhere and has resigned from his previous employer.

If any clarification is required, feel free to contact me at +919760011462.

Thanks,
Manoj Singh

If he is unable to take the relieving letter from his employer, it is better to talk to his employer directly to understand the reasons, as there could be some other underlying issues. Persistence is key, so keep trying because no obstacle is insurmountable.

Accept this situation as a challenge, as you are also accountable for the same since you have not provided him with the notice period.

Dear All,

Thank you all for your valuable suggestions; they have greatly helped me in gaining a better understanding of the issue as an HR professional. I have given the resource one more week to obtain the relieving documents from his previous employer after discussing the matter with him amicably. The individual performed the job well and managed to secure the necessary documents on the date of joining.

Thank you.

Dear Sunitha,

You can recruit him without his relieving letter. Give him time to submit the same. However, make sure you conduct a reference check with his previous employer and inquire about his work, conduct, etc., before making a decision.