Mr. Sheng applied for the position of Senior Electrical Engineer in a group company in Shanghai. The R & D department and HR recognized Mr. Sheng's ability and thought that he was very suitable. Therefore, they communicated with him about the entry time, position situation, salary and other information, and arranged him to work as soon as possible. Mr. Sheng reported as required, but he was unable to provide proof of resignation when providing entry information.

研发部由于人手不足，急需用人，想尽快让候选人到岗。但HR部门却担心，没有离职证明就安排人员上岗，可能会引起用工风险。

Due to the shortage of manpower, the R & D department is in urgent need of personnel, and wants to get the candidates to the post as soon as possible. However, the HR department is worried that the risk of employment may be caused by arranging personnel to work without resignation certificate.

对于那些确实无法提供离职证明的员工，我们该怎么解决呢？下面是猎头公司建议我们参考如下方式减免法律风险。

What can we do for those employees who really can't provide proof of resignation? The following is the headhunting company's suggestion that we refer to the following ways to reduce legal risks.

1、 必要的背景调查

1. Necessary background checks

首先和员工进行沟通，了解其无法提供的原因，做好相应的背景调查。原公司的架构是怎样？各个部门都有多少人？老板是谁？副总是谁？当时招聘的HR是谁？能否提供原公司一些同事的联系电话？能否提供公司的固定电话？......

First of all, communicate with employees to understand the reasons why they can not provide, and do the corresponding background investigation. What is the structure of the original company? How many people are there in each department? Who is the boss? Who is the vice president? Who was HR recruited at that time? Can you provide the contact numbers of some colleagues in the original company? Can you provide the company's fixed line telephone? ......

之后重要的还是对其工作业绩的调查，哪怕一切都是真实的，如果只会嘴上功夫，没有实在的能力，一切都是零。多方查验，检验并判断员工提供的信息是否属实，即可在很大程度上降低风险。

After that, the most important thing is to investigate their work performance. Even if everything is true, if they only know how to talk and have no real ability, everything will be zero. Multi party inspection, inspection and judgment of the information provided by employees can greatly reduce the risk.
                

2、相关证件验证

2. Verification of relevant certificates

一般来说，HR会要求员工在报到过程中，需要提供身份证、学历证、个人简历、员工信息表、离职证明相片等相关证件，并做验证。主要是关注员工相关证件（学历、资质、履历等）的真伪，是否与上家公司解除劳动合同等。

Generally speaking, HR will require employees to provide ID card, education certificate, resume, employee information form, resignation proof photo and other relevant documents during the check-in process, and verify them. It mainly focuses on the authenticity of relevant certificates (education background, professional qualification, resume, etc.) of employees, and whether to terminate the labor contract with the previous company.

3、检查是否有违法行为

3. Check for violations

在互联网的时代，很多企业都会和当地公安局合作，新人入职前都会用“身份证扫描仪”把求职者的身份扫描后，信息传送到公安局，如果该求职人员有犯罪前科，或者是公安局抓捕的在逃犯人，我们就可以在员工入职前接到通知，避免这些有不良分子进入公司。

In the era of Internet, many enterprises will cooperate with the local public security bureau. New employees will use the "ID card scanner" to scan the identity of the job seeker before entering the job, and then send the information to the Public Security Bureau. If the job seeker has a criminal record or is a fugitive arrested by the Public Security Bureau, we can receive a notice before the employee enters the job, so as to avoid these undesirable elements from entering the company.

4、要求员工出具承诺书

4. Require employee to issue letter of commitment

背调过后，公司可要求员工提供一份承诺书，承诺本人与其他单位无任何劳动关系、劳务关系，并保证受聘于公司不会违反对原单位的任何竞业限制义务。否则，由此带来的后果全部由该员工自行承担。

After the back transfer, the company can ask the employee to provide a letter of commitment, promise that he has no labor relationship or labor relationship with other units, and guarantee that the company will not violate any non competition obligation of the original unit. Otherwise, the employee shall bear all the consequences.

如果做了深入的背景调查，而且员工有实力胜任现在的工作，且员工也愿意签署承诺书的话，公司还是可以让员工入职的。

If we have done in-depth background investigation, and the employees are competent for the present work, and the employees are willing to sign the letter of commitment, the company can still let the employees in.

总体而言，人力资源部门需要在新人入职前，通过各种方式和渠道严格把关，防止不符合公司要求的人员进入公司，如果等到这样人员入职后再做补救措施，就为时已晚。

Generally speaking, the human resources department needs to strictly control the entry of new employees through various ways and channels to prevent those who do not meet the requirements of the company from entering the company. If it is too late to take remedial measures after such personnel enter the company.