Navigating Job Transitions: Do You Really Need a Relieving Letter to Start a New Role?

Hi all,

Even sometimes HR will be stuck with some problems. There is an IIT person who has cleared the interview and gets selected for a company. HR gives the offer letter, and there is a particular period of time wherein that person is supposed to join. At the time of joining, he will not have his relieving letter from his old company, and the new company's HR won't be in a position to complete his joining formalities since his deadline for getting the relieving letter cannot be extended.

Is there any rule that a person must and should have his relieving letter at the time of joining the new company since I heard it's a rule from the court that the person should have his relieving letter at the time of joining? In that case, can a manager take a risk of giving a letter to HR that all the responsibilities of the candidate will be taken care of by him since the candidate is very brilliant and technically strong and can't be let go so easily? Or if the HR of the old company sends an email to the HR of the new company stating that the candidate is yet to be relieved, will that hold good provided that the candidate is not bound by the terms and conditions or not breaking a contract with the old company? Can anyone give suggestions on this problem?

Yes, there is a rule that at the time of leaving a company and joining another company, a person must have a relieving letter in hand. This is because the IT Act of India states that a person cannot hold two full-time jobs. Therefore, companies have no other option but to ensure that a new person joining should have a relieving letter.

Hi Srikanth,

Agreed that a Relieving Letter from the previous company is a mandatory requirement at the time of joining any new organization. However, just due to a delay in paperwork from the previous HR, it is not acceptable to lose out on a valuable resource.

At my company, we follow a middle way out. We have a format wherein the new recruit declares that he does not have any pending issues with his last employer and attaches a copy of his resignation letter submitted to them. Furthermore, he specifies the number of days within which he will be in a position to submit his relieving orders, failing which the current employer can take action as per company norms.

If you need, I can forward those formats across to you.

Regards,
Poorvi Shah.

Hi Poorvi,

Thank you for the reply and it's a nice suggestion. Please forward the formats to me at [Login to view]. I am an HR professional in an IT company in Bangalore. The issue is that nothing is properly organized in the company where I work, and everything needs to be aligned. There are more than 200 employees, and further recruitment is ongoing. I will be responsible for everything. Kindly email me the formats along with the appraisal policy and related documents if available, as I need to introduce the appraisal policy.

Cheers and regards,
Srikanth

Hi Poorvi,

Thank you for this, but what will we do if he has not submitted his resignation there, but he is interested in joining our company? He mentioned that in the future, he will not submit any such types of paperwork (resignation copy, relieving letter, etc.) except a declaration form.

Regards,
Vivek
Email: viv.vash@gmail.com

Hi Vivek,

We have a format for this kind of situation as well. It asks the employee to write down the reasons for non-submission of the relieving letter (such as "not served notice period," "I was in probation," "I was an off-rolls employee," "It's a small company which does not follow these kinds of processes," or any other reasonable reason). The employee further declares that he does not have any issues with his previous employer and also provides complete contact details for them, so that the present recruiter can confirm with them.

Regards,
Poorvi Shah

Hi Poorvi,

The ways suggested by you are nice and can be followed in many companies. With reference to this below-mentioned topic, I request you to send me the forms to [Login to view].

"Hi Srikanth,

Agreed that a Relieving Letter from the previous company is a mandatory requirement at the time of joining any new organization. But just due to a delay in paperwork from the previous HR, it is not affordable to lose out on a valuable resource too. Hence, at my company, we follow a middle way out. We have a format wherein the new recruit declares that he does not have any pending issues with his last employer and he attaches a copy of his resignation letter submitted to them. Further, he specifies the number of days within which he will be in a position to submit his relieving orders, failing which the current employer can take action as per company norms.

If you need, I can forward those formats across to you.

Regards,
Poorvi Shah."