Hire Employee Without Relieving Letter From Previous Employer?

Hi Sunitha,
If i were you i will hire him ..." if a candidate decides to quit an organization no organization can make him stay ,yes they will ask him to serve the notice period ,as you say you cannot buy his notice period, either you allow him to serve his notice period in his current employer ( this will ensure he is ethical in his approach )if he declines and conveyes he wants to join your organization immediatly ... suggest find another candidate as he can never guarentee his partnership with you for long time.
But if your organization has an urgency to fill this position and he/she possess the right skill & attitude Hire and forget about other things .
cheers

It depends on the situation. If the project is really critical and you need to hire a personal ASAP, than we have discuss with the management and the Project Manager about the joining time. If its less than 10 day, than its difficulat for a person to give his experience and relieving letters. But you can take his Appointment and offer letter with his last 2-3 salary slips as proof for his experience with that company. Offer letter and Appointment letter will serve the purpose that he got an offer from that company and was working with them and Salary slips will tell you he has been working with that company till the month mentioned on his last salary slip. But before taking this decision you need to discuss this with the PM and the Management (HR and Operations Manager). Hr person is responsible to follow the procedures, but his a project is more improtant than following a process.

Departure of employment is in bilateral. i.e. it can be from “Employee” or from “Employer”. For that we use to have clause in offer letter/ joining latter/ employee hand book. And this is legally valid if there is compensation is involved.

Now 1st you have to do following thing before taking any action:

Verify that:

1. Currently he is employed with said org. (get pay slip, Salary a/c bank statement and offer letter of that org.)

2. He has resigned from the org with immediate effect (get an fwd copy of mail has been send to HR and his present Manager)

3. Compare costs “Not hiring him immediately Vs. Cost of buying his notice period”.

4. How much your organization can pay as a joining BONUS.



Action:

1. Offer that person to give a notice for 7 day, which is well acceptable for Knowledge Transfer.

2. Inform he manager that will it be OK if he joins team after 7 day with that commitment the he will recover all work in next 15days.

3. Inform that person like.. He will be joining after 7 days a project, he need to do hard work to cope work loss and he would be awarded with money as Joining BONUS. [As delay in any project at start point of 7 days would not be a big deal if this is not a very short project (less than 3 month projects), and well planned and scheduled.]

Advice:

1. Other organization can not deny giving reliving latter, if employee has given the resignation notice with at least 7 days notice period as well as ready to compensate for not completing notice days as per the joining letter.

2. Do not make issue for reliving letter (make sure he as resign) in term of giving time line to submit that letter as this would be a threat to the person to join your org. what if he can get reliving letter in time – as he is project critical and he as taken action on the basis of your offer (as per the contract law), you will not be in such position to take any action at that point of time so better do not give time now it self.

3. Cost of hiring of that employee will go to that BU, so let that manager take a call to offer things or not (joining Bonus, buying the notice period and 7 days delay of project part for that emp, as he would be compensating that after joining).

Enjoy:

Aman :-)

dear sunita,
it is simple, if u r giving yr company's appointment he/she may not be joined yr firm because after seeing yr appointment letter the current employer should pay more to him/her. if you need his service immediately then pay him as an advance of one month salary for his present employer and the present employer should mention this amount in his final settlement statement. otherwise you search another fellow you will get better candidates also.
regards/tm
regards

Hi Shanti,
If the sais candidate has given the resignation to the last organization, you can proced with the resignation copy of it. By rules manangement have to accept the resignation unless and untill there are some issues related to dues.
By this way the company cant take any action against you.
After resgnation and acceptance of resignation you can proced with the candidate.
jsut communicate to the candidate that you are ready to buy his notice priod, so that he can mention in the resignation that, He is ready to pay the notice period.
Ask him that he have to manage the acceptance of resignation, then and only then you can fo further with his candidature. Let him push himself as well.

Dear ms. Sunita,
you can do one thing that is legally accetable, tell him to give one written note on stamp of Rs. 50/-, as "Shapath Patra", for he is not working anywhwre and he has resigned from privouse employer with name.
If acatiny clarification required then feel free to contact me at +919760011462
Thnaks,
Manoj
Singh

If he is unable to take the relieving letter from his employer.
Better talk to his employer directly for the reasons there could be some other reasons. But try try and try again because no one is so hard.
Now accept this, also as a challenge. Because you were also responsible for the same as u have no time to give him the notice period.

Dear All,
Thank you all ,for your pouring suggestions, it really helped me in having a better understanding about the issue as a HR.I have given the resource 1 more week's time to get the relieving docs from his prev employer after amicably discussing the issue with him.
The chap did the job well and got the docs on the date of joining.

Dear Sunitha,
You can recruit him with out his relieving letter. Give him time to submit the same. But, make sure you do the ref check with his previous employer and ask them about his work, conduct etc. and then decide.