How can at least hold the new candidates? Are there any legal policies to be built in the offer letter?

Hi Seniors, Please help me,

As one of our employees, she accepted the offer and worked for a month, though we have a probation period for 6 months, but said she is not well and took leave for 2-3 days after credited her salary said she got another offer and jumped for that.
So kindly suggest how can at least hold the new candidates, I mean are there any legal policies to be built in the offer letter?
Please suggest/share any offer letter which suits this kind of issue and have a peaceful run of organization..
7th February 2022 From India, Chennai

From your post, I infer that you are new to HR /Organization.
First of all kindly note that, there is no prohibition period in employment, but
you might have wrongly caught "probation period" as "prohibition period"

In a normal employment job offer letter, no notice period is required to be given to
employer/company by an employee/ probationer. But, sorry to say that in this
new generation era, no ethics can be expected from new entrants - this is common
in almost all companies. Hence the recruiter (HR) should be cautious while recruiting
persons. This practice of leaving job without permission/intimation also compels
an employer to demand original certificates of a new entrant (though it is not
morally or legally correct).

You can introduce a clause of notice period during probation in the Offer letter.
7th February 2022 From India, Aizawl

These are only part of the game and we should accept one fact that every decision involves an element of risk. When we chose to give offer to one candidate, we do not know whether he/ she will remain in service for a long period but we take a decision to give offer and that may go wrong. You cannot compel any employee to be with you for ever. It may happen even after confirmation of service. The maximum what we can do is to include a notice period clause in the appointment order that during probation and post probation periods separately. After all in respect of employees who are not having functional responsibilities of supervisor/ manager the notice period has no relevance.
8th February 2022 From India, Kannur

One of a company's employee, left without complying with notice period clause. Company with held relieving order. Employee approached industrial court which rejected employee's prayer. Thereafter employee approached High Court for relieving letter as her new employer was asking for it. High Court directed the employee to pay 2 months salary to company in lieu of notice period.

Judgement is attached.

The Judgement highlights the importance of offer/appointment letter and separation clause in it.
9th February 2022 From India, Aizawl

Attached Files (Download Requires Membership)

HC -Mumbai Judgement regarding Notice period.pdf (84.8 KB, 60 views)

This is acse of an employee who is not covered by I D Act. I have already stated that in respect of an employee who has no supervisory or managerial role the notice period has no relevance but for a supervisory position whatever have been agreed between the employer and the employee or the terms of appointment order will be maintainable. But I don't find any merit in demanding notice pay from a worker though in order to terminate him the employer has to pay notice pay.
9th February 2022 From India, Kannur

I am also going through this kind of problem every now and than. I trained the people once they are trained suddenly they will left. Whatever benefits you provide them there is no value . Mine is small company . As one of member said don't expect any ethic this is the only conclusion. Now a days employees are continuously trying new job.
10th February 2022 From India, New Delhi

HI,

To avoid such situation, our company follow below method.

They collect Original documents of employees during joining Formalities.
They keep documents with them for 1 month, and after that they return.
If any employees wants to leave within that same month, he / she has to speak to HR about "what is bothering him/ her at work".
If , HR and Management finds its genuine they relieve them with immediate effect.

Following such method, allow us know loopholes in company management where we improvement is required.

There are possibilities also where employees can leave after returning documents too. In that case, company should think that we need to hire serious candiates who ACTAULLY want to work and not for anytime pass people are joining.
16th February 2022 From India, Mumbai

Collecting the original certificates of the employees is any way a BAD HR practice and cannot be advised at all. It is illegal also to keep the certificates of employees. Moreover, if by any chance you lose it from your records, the headache that you may have will be much more heavy.
16th February 2022 From India, Kannur