Stuck in Notice Period Limbo: How Can HR Secure a Candidate's Commitment?

Hello all, I am working in HR at an IT company. I have closed a position; however, just before accepting the offer letter, the candidate has come back saying his current employer is not ready to relieve him before the notice period.

We have an urgent opening and can wait for one month. The candidate had agreed during the selection process, but now his boss is insisting on a full two months' notice period. The candidate tried to negotiate a buyout but has been unsuccessful. His boss has stated that if he leaves before the notice period, he will not receive any relieving documents.

As an HR professional, I have put in a lot of effort to close this position, and the candidate is highly qualified. The candidate is also very eager to join us. How should we handle this situation?

Furthermore, what if, after mutual understanding and waiting for two months, the candidate decides to join another company? How can we, as HR, ensure that the candidate stays committed if we agree to the two-month notice period? Is there a document that the candidate can sign, specifying that he will join us on a particular date?

Please provide your expert suggestions.

Legality of Pre-Joining Contracts

No, any contract or legal agreement signed before the actual date of joining (DOJ) is illegal and cannot be enforced. A Letter of Intent or Offer Letter is not a legally binding document. It is a widely accepted practice in recruitment that some offered candidates may drop out—so, just relax.

Practical Advice

1. If you can't wait: Hire someone internally and fill the position through an Internal Job Posting (IJP).
2. If you can wait: Wait for an additional 2 months for the candidate to join. I am confident that the business can afford to wait for an extra 8 weeks. Hiring someone externally will likely take even longer. Please stick with the candidate and follow up extensively.

Considerations for Candidate Joining

What if your company or management can wait for the identified candidate until he receives a formal relieving letter from his current employer to take up new assignments in your company without any impediment? Please look into this.

Else, if your company is not particular about the relieving order from his current employer, you can inform this to the candidate and allow him to join earlier.