How to Handle New Hires Without a Relieving Letter: Seeking Urgent Advice on Declaration Format

Dear Seniors,

One of the new joiners has not been properly relieved from his previous employer and does not hold a relieving letter. Our management has accepted his joining but has asked me to obtain a declaration letter from the employee. This letter should state that in the event of any issue raised by his previous employer, he would handle it personally. It should also include a clause that in the case of any serious issue, we reserve the right to terminate his employment, and so on. Kindly share the formats of the letter if any.

Please consider this an urgent request.

Thanks,
Divya

Kindly take a notarized affidavit on Rs. 100 Bond paper stating that the person has given a resignation letter, served the notice period, and has completed all the formalities with his last company. He has no dues to pay to his last employer. In case any legal obligations arise in the future, the employee will be solely responsible, and not the company.

Thank you.

Dear Suhas Khambe, Thank you for the response. Kindly note that my management just requires a declaration letter from the employee to accept his employment on certain conditions. Please assist me with any relevant declaration formats.

Regards, Divya

Whatever the reasons the new joiner is giving for not submitting a relieving letter or resignation acceptance letter from the previous employer, get the same statement in writing addressed to your HR department. You can also ask the new joiner to include one line stating that he/she can be terminated by the management without any reason or notice period if any issues are raised by his/her previous employer in the future.

Also, get his or her direct reporting manager/HR person's contact details (name, number, official email id), and you can confirm about the relieving in an email.

In private employment, it is always good to ask for the proper relieving letter or resignation acceptance letter from the previous employer to ensure whether the person is in "dual employment" or not. If we overlook this, the person may quickly move on to another company, neglecting the proper relieving process in your organization.

Regards,