I recruited a candidate a month ago, and his joining was due this month. However, he is unable to join my organization because his current organization is not relieving him and is forcing him to continue in his current job. They are threatening him that if he leaves his current organization, they will not provide him with his experience letter and other related documents.
Seeking Advice on Employee Transition Issues
What should I do in this case to get that employee relieved from his current organization and join my organization as soon as possible?
From India, Chandigarh
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Seeking Advice on Employee Transition Issues
What should I do in this case to get that employee relieved from his current organization and join my organization as soon as possible?
From India, Chandigarh
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As an employer, we cannot do anything related to any person's previous job. This matter is between the employee and his/her present employer. Going forward, if the candidate really suits your job needs, you should discuss the matter and ask management whether you can employ him without those documents. It would be better if you declare those documents in the upcoming threads for our understanding. Also, let us know if those documents are the original ones.
Additionally, there may be negative feedback about that employee while you are inquiring from that organization. So, be prepared for that as well.
Thanks,
Ravinder Jangir
From India, Alwar
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4Additionally, there may be negative feedback about that employee while you are inquiring from that organization. So, be prepared for that as well.
Thanks,
Ravinder Jangir
From India, Alwar
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Further to what Ravinder Jangir mentioned, there are also a couple of other aspects you need to bear in mind—i.e., IF you really want him on board.
Background Check
1. Do a thorough background check of this employee—not the regular stuff where you or the background check agency you hire calls the current company. Obviously, like Ravinder Jangir mentioned, you are sure to get negative feedback. While the situation you mentioned is not very uncommon, please also note that the candidate COULD be taking this route to cover up some of his own shortcomings, etc., where he could be at fault.
Candidate's Intentions
2. Another possibility COULD be that this candidate has dropped the thought/plan to join you... and what better than to give such a reason, where he can push the blame on others? I have seen BOTH possibilities being used by candidates—quite often until it was too late to go for new hirings.
All the Best.
Regards,
TS
From India, Hyderabad
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Background Check
1. Do a thorough background check of this employee—not the regular stuff where you or the background check agency you hire calls the current company. Obviously, like Ravinder Jangir mentioned, you are sure to get negative feedback. While the situation you mentioned is not very uncommon, please also note that the candidate COULD be taking this route to cover up some of his own shortcomings, etc., where he could be at fault.
Candidate's Intentions
2. Another possibility COULD be that this candidate has dropped the thought/plan to join you... and what better than to give such a reason, where he can push the blame on others? I have seen BOTH possibilities being used by candidates—quite often until it was too late to go for new hirings.
All the Best.
Regards,
TS
From India, Hyderabad
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In this case, it seems like the candidate does not want to join your organization. If you had recruited him a month before, he would have submitted his resignation and would be in the notice period. However, as you said, the company is not giving him a relieving letter, then they must have not accepted his resignation or he may not have submitted the resignation.
Anyway, if a relieving letter is not mandatory in your organization and you want that particular candidate to be onboarded, then you can ask him to put in his resignation over the official HR mail ID, mentioning his/her last date of working. You can take a print of that mail from his/her sent items and proceed with the joining formalities of that candidate.
Regards,
Ashutosh
From India, Kollam
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Anyway, if a relieving letter is not mandatory in your organization and you want that particular candidate to be onboarded, then you can ask him to put in his resignation over the official HR mail ID, mentioning his/her last date of working. You can take a print of that mail from his/her sent items and proceed with the joining formalities of that candidate.
Regards,
Ashutosh
From India, Kollam
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If the above-mentioned candidate is telling the truth, why has he completed all formalities but the company is not providing experience and relieving letters, etc.? He may use facilities like RTI (Right to Information) to find out when the company will provide him with the same.
From India, Kochi
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From India, Kochi
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Discussion Points
There are two points for discussion:
1. Relieving Letter
2. Experience Certificate
Relieving Letter
A relieving letter is given when an employee provides proper notice of resignation and completes the notice period, which could be one month, three months, etc. The relieving letter is also required by a new employer to confirm that the person joining is not engaged in double employment.
In the current matter, if any employer is not issuing a relieving letter, the concerned employee should write a letter/email to their ex-employer on their last working day (after completing the notice period), stating, "Today is my last working day as per my notice of resignation, and from tomorrow, I am not in the service of this organization."
You can collect (1) an acknowledged copy of the notice of resignation and (2) a copy of the above-stated letter/email submitted by the employee to their ex-employer on their last working day.
Experience Certificate
Since the ex-employer is not willing to provide such a certificate, you can ask for the original appointment letter issued by the ex-employer, which will justify the employee's tenure of work with that organization.
The above suggestions are purely with a view to enabling the employer/you to allow the person to join your organization. From the employee's point of view, both the above documents are important for their personal file and future career.
From India, Mumbai
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There are two points for discussion:
1. Relieving Letter
2. Experience Certificate
Relieving Letter
A relieving letter is given when an employee provides proper notice of resignation and completes the notice period, which could be one month, three months, etc. The relieving letter is also required by a new employer to confirm that the person joining is not engaged in double employment.
In the current matter, if any employer is not issuing a relieving letter, the concerned employee should write a letter/email to their ex-employer on their last working day (after completing the notice period), stating, "Today is my last working day as per my notice of resignation, and from tomorrow, I am not in the service of this organization."
You can collect (1) an acknowledged copy of the notice of resignation and (2) a copy of the above-stated letter/email submitted by the employee to their ex-employer on their last working day.
Experience Certificate
Since the ex-employer is not willing to provide such a certificate, you can ask for the original appointment letter issued by the ex-employer, which will justify the employee's tenure of work with that organization.
The above suggestions are purely with a view to enabling the employer/you to allow the person to join your organization. From the employee's point of view, both the above documents are important for their personal file and future career.
From India, Mumbai
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Hello Seniors, I have completed the verification process, and I am currently facing two major issues:
1. The current employee is unwilling to provide:
- Relieving letter (the date of relieving of the candidate is being postponed repeatedly)
- Experience Letter.
2. In the past, I have hired around 4-5 employees from the same organization, and most of them have faced similar issues.
Two more facts related to this case:
1. The candidate is a very sincere and dedicated person who truly wants to join us.
2. He had already sent his resignation via email to his current employer a month ago and is having regular meetings with them.
Thank you.
From India, Chandigarh
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1. The current employee is unwilling to provide:
- Relieving letter (the date of relieving of the candidate is being postponed repeatedly)
- Experience Letter.
2. In the past, I have hired around 4-5 employees from the same organization, and most of them have faced similar issues.
Two more facts related to this case:
1. The candidate is a very sincere and dedicated person who truly wants to join us.
2. He had already sent his resignation via email to his current employer a month ago and is having regular meetings with them.
Thank you.
From India, Chandigarh
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Things are a bit clearer now. However, it would have been clearer if you had mentioned the following aspects too:
1. How long did this candidate work with his present company?
2. You mentioned that 4-5 employees you hired from this company also had similar unpleasant experiences. How did you handle them?
Since you mentioned that this candidate is sincere and really wants to join you, is your company willing to waive off the relieving and experience letters in this case? If yes, then suggest taking a legal affidavit from him that any future legal complications with his present employer will be to his account and your company will be absolved of any participation and effect. This is not to say that your company will/should not get involved—it only gives your company the flexibility/option of choosing the course of action at that point in time, if and when such a situation arises.
This is with regards to your plan of action.
However, it's also pertinent that you protect the candidate's interests—else, frankly, it would only amount to 'using' him for your benefit. This is where my query [1] mentioned above comes into the picture.
If he has worked there for a long time, then he would surely need the letters as a part of his career track record. You will need to figure out how to handle it. But, in case he worked there for only a few months, then maybe he can skip that experience altogether.
Hope you get the point.
All the best.
Regards,
TS
From India, Hyderabad
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1. How long did this candidate work with his present company?
2. You mentioned that 4-5 employees you hired from this company also had similar unpleasant experiences. How did you handle them?
Since you mentioned that this candidate is sincere and really wants to join you, is your company willing to waive off the relieving and experience letters in this case? If yes, then suggest taking a legal affidavit from him that any future legal complications with his present employer will be to his account and your company will be absolved of any participation and effect. This is not to say that your company will/should not get involved—it only gives your company the flexibility/option of choosing the course of action at that point in time, if and when such a situation arises.
This is with regards to your plan of action.
However, it's also pertinent that you protect the candidate's interests—else, frankly, it would only amount to 'using' him for your benefit. This is where my query [1] mentioned above comes into the picture.
If he has worked there for a long time, then he would surely need the letters as a part of his career track record. You will need to figure out how to handle it. But, in case he worked there for only a few months, then maybe he can skip that experience altogether.
Hope you get the point.
All the best.
Regards,
TS
From India, Hyderabad
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I would like to add one more thing to it. If the candidate has the latest salary slips from the current employer, then it will indicate the total work experience of the candidate. This will also help the candidate in the future to demonstrate his work experience, especially if the current employer is not providing an experience or relieving letter. You can attach a printout of his resignation letter (which the candidate sent to his current employer) with the salary slip for your records.
Regards,
From India, Gurgaon
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Regards,
From India, Gurgaon
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I hope you have backup candidates if the candidate doesn't join your company. I think he might have received a raise from his current organization or something similar. If you are okay with hiring him without an Experience Letter, you can ask him to join without the documents. But what does he mean by "Other related documents"? I hope it's not the original documents. If nothing works, start the process again!
Happy Recruiting!!
Regards
From India, Mumbai
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Happy Recruiting!!
Regards
From India, Mumbai
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How to Handle an Employee Resignation.doc