How to Handle a New Hire Without a Relieving Letter: Seeking Advice on Legal Responsibility

Hi everyone,

We hired a candidate 1 week ago. The candidate's previous employer is not providing the relieving letter since the notice period was very short. We desperately need the candidate. I want the candidate to sign a document stating that they will be wholly responsible for any legal actions, and the current employer will not be liable for any undertakings.

Please suggest what to do and how to draft this format.

As per my experience, we can proceed with the employee based on the resignation letter. No employer can withhold the right to not relieve the employee from their services if the employee is unwilling to continue serving. The employer is obligated to provide the experience letter upon the employee's request; otherwise, strict action can be taken against the employer if they refuse to relieve the employee or settle their dues (including Full and Final settlement, Relieving letter, and experience letter).

There is no need to obtain any undertaking from the employee.

Regards, Shankar, HR Executive, Reliance Communication, Navi Mumbai

Hi there,

There is no legal impediment to appoint an employee without the relieving order. Please do check his antecedents informally.

With regards,
CtraJu

Hi,

Many organizations withhold or do not provide the relieving letter if you do not serve the complete notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is not willing to provide resignation acceptance, then instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications.

Hope this solution addresses your problem.

Regards,
Aditi

Hi,

Many organizations withhold or do not provide the relieving letter if you do not complete the notice period. To avoid legal hassles such as dual employment, ask the employee to submit the resignation acceptance. If the current employer is unwilling to provide the resignation acceptance, instruct the employee to send the resignation letter via Registered AD to the office address. This ensures that you receive the acceptance copy of the Registered AD, which is valid in case of legal implications. The acceptance will be delivered to the address specified by the employee within 3-5 days.

Hope this resolves your issue.

Regards,
Aditi

Hi friends,

Recently, my friend who was working in one of the top five Indian companies resigned. They gave him a resignation acceptance letter, but after 3 months, when he settled his dues, they held back his relieving letter and experience certificate by stating that there was a discrepancy in the background check. He has already joined a new organization based on the resignation acceptance letter. Now, he is tensed and doesn't know what to do.

How can he get the relieving and experience letters? Is there any way?

Raj

Hi Raj,

Ask your friend to clarify what kind of background check was carried out and the results. If there are discrepancies, try to sort them out with the company. In case of discrepancies, no company would provide the relieving and experience letters. Your friend will have to make do with the resignation acceptance copy.

Regards, Aditi

Hi Aditi,

Thank you for the reply. The issue with his background check is that he has shown 6 months more experience for one of his previous companies. Initially, the company said they wouldn't be taking any action, but now they are stating that HR policies have changed. He spoke to the HR manager, but they are saying they cannot help, citing policy as the reason.

The problem is that he worked for 3 years in that organization, and they only mentioned the issue when he resigned. Would a resignation acceptance letter be sufficient as proof that he worked in the organization? He also has the full and final settlement sheet with him. Could his present company cause a problem now? If yes, what are the possible solutions in this case?

Raj

Hi Aditi,

In addition to the question asked by Raj, I would like to add: what if the company is not accepting the resignation itself on the grounds of a discrepancy in the background check? For example, there is no resignation acceptance letter, no relieving letter, and no experience letter. What are the available options for the employee in this situation? The employee is willing to serve the complete notice period.

Din

Hi Raj,

There are no laws prohibiting double employment if the candidate has provided you with a copy of the resignation letter duly served on the company and has received a due acknowledgement. Then, don't worry; you can employ him and go ahead. What are your apprehensions in case you are employing him? Please specify in your reply.

Regards,
Ctraju

Hi,

I want to know if a person is not able to serve his notice period. For example, he is putting down his papers on the 20th, and he has to join the other company within one week, but the employer is refusing to provide the relieving letter as well as the salary for the 20 days he has worked. Is this acceptable?

I want to clarify whether the employee is not eligible to receive his 20 days' salary. Sometimes, if he has worked for 15 days after the notice period, and the management is saying they can provide the relieving letter but not his salary. I've seen this happening.

It would be helpful if you could clarify this for me.

Regards,
Sowmya

Hi Sowmya,

This is really surprising. The employee should check the appointment letter for information on notice pay and the clearance policy when resigning. :)

I am surprised that the company is willing to provide the relieving letter but not the salary. From my understanding, this situation could arise if there are pending dues related to notice period, advances, tax implications, and so on.

Please inquire with the Accounts department to uncover the reasons for withholding the salary.

Regards,
Aditi

You can ask the candidate to submit the following documents:

1. Copy of the appointment order issued by the previous company.
2. Copy of the resignation letter the employee has given to the company.
3. Copy of payslip of the previous month.

I think these documents would suffice. For clarity, you can also conduct a background check. If the background check is okay, you can recruit the candidate.

Dear,

No legalities restrict you from appointing anyone who has failed to provide experience letters or relieving orders. It is emphasized here that antecedents should always be verifiable, which in turn requires pre-appointment verification. Any declaration or affidavit is of no use.

Regards, Rajan Kumar

Sir,

There is a policy of a notice period from either side, which is usually in writing. Short notice period is to be made in cash by either.

Regards,
Rajan Kumar