Navigating Dual Employment: How Can a Recruitment Consultant Resolve Notice Period Conflicts?

A candidate joined a new company without resigning from his current company. His current company has not given him any appointment letter; there is no written clause of a notice period, but they insist on three months, withhold salary, do not provide an experience letter, etc.

The new company has sent him back to get an accepted resignation letter; only then will they give him the appointment letter. His previous company insists on a 45-day notice. How can I, as a recruitment consultant, solve this situation?

Dear Nimisha, "Two wrongs don't make a right" is a proverb used to rebuke or renounce wrongful conduct as a response to another's transgression. Therefore, there is no use in delving deep into the legal aspects of the situation just because of the absence of appointment orders or stipulation of a specific notice condition by the employer under whose service the employee is supposed to be still logically in.

As a recruitment consultant, you are bound to recommend a candidate based only on the conditions stipulated by the prospective employer who is your principal. If the candidate is also very particular about getting a berth in your principal's organization, ask him to pay the notice amount and obtain formal relieving orders from the previous employer.

Thank you, sir. I fully agree with you. I was asking only so that there can be a way of saving the job of an immature employee. In my decades of recruitment experience, I have never come across a candidate doing this. However, looking back at the whole interaction with the candidate and his approach, his appointment has been withdrawn.