Dear all,
We have a case of a candidate who was selected, given an offer letter, and accepted the offer. However, the candidate has not reported for duty on the scheduled date. I would like to understand the necessary steps an employer should take regarding terminating the services and any compensation owed to or by the candidate.
HRPFL
From India, Chicalim
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We have a case of a candidate who was selected, given an offer letter, and accepted the offer. However, the candidate has not reported for duty on the scheduled date. I would like to understand the necessary steps an employer should take regarding terminating the services and any compensation owed to or by the candidate.
HRPFL
From India, Chicalim
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Hi,
Firstly, you need to check whether the candidate has been given the appointment letter or not. If he has not received it, it indicates that the candidate has not joined the organization.
An offer letter is a document that a company provides to a candidate upon selection, and the candidate has the full authority to either accept or reject it. Even after accepting, the candidate may still choose to reject it. The organization, however, cannot compel an employee in this matter.
An appointment letter is issued to a candidate at the time of their joining.
I hope this clarifies things.
Surabhi
From Germany, Frankfurt Am Main
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9Firstly, you need to check whether the candidate has been given the appointment letter or not. If he has not received it, it indicates that the candidate has not joined the organization.
An offer letter is a document that a company provides to a candidate upon selection, and the candidate has the full authority to either accept or reject it. Even after accepting, the candidate may still choose to reject it. The organization, however, cannot compel an employee in this matter.
An appointment letter is issued to a candidate at the time of their joining.
I hope this clarifies things.
Surabhi
From Germany, Frankfurt Am Main
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I agree with Surabhi 100% and wish I could have agreed more! The case would be different if he comes to join the services and quits before the appointment letter is issued. HR people do need to fulfill certain formalities like forms, induction, issue of computer/laptop.
Well, in your case, HRPFL, it's useless to take any action against such a person who knows his present employer matched your remuneration, etc.
Regards
From India, Mumbai
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Well, in your case, HRPFL, it's useless to take any action against such a person who knows his present employer matched your remuneration, etc.
Regards
From India, Mumbai
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Agreed with Surbhi, an offer letter is what companies offer to the candidate. However, you can take action only if the company has issued the Appointment Letter, and breaching that document would make the company eligible for lawsuits. But, may I know, how many actually have the time to sue the candidates?
You can call and scold them for this unprofessional behavior. Also, you must consider yourself lucky that you didn't hire such an unprofessional person. Leaving the company after a month or two would be highly risky.
I believe you agree with my thoughts above!
Thank you,
Brijesh Kumar
From India, New Delhi
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You can call and scold them for this unprofessional behavior. Also, you must consider yourself lucky that you didn't hire such an unprofessional person. Leaving the company after a month or two would be highly risky.
I believe you agree with my thoughts above!
Thank you,
Brijesh Kumar
From India, New Delhi
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Thank you, HRPFL, for the query. I agree with the views expressed about the legality, ethics, and the cost involved in enforcing the contract, as the candidate has accepted the offer. Also, do not forget the bad publicity that would be generated.
Please also refer to the following sites:
- [https://www.citehr.com/36473-appointment-letter-offer-letter.html](https://www.citehr.com/36473-appointment-letter-offer-letter.html)
- [https://answers.yahoo.com/question/index?qid=20071027011756AAy6kDx](https://answers.yahoo.com/question/index?qid=20071027011756AAy6kDx)
- [https://www.citehr.com/86759-hr-work-diff-b-w-offer-appointment-letter.html](https://www.citehr.com/86759-hr-work-diff-b-w-offer-appointment-letter.html)
Have a nice day.
Simhan
From United Kingdom
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Please also refer to the following sites:
- [https://www.citehr.com/36473-appointment-letter-offer-letter.html](https://www.citehr.com/36473-appointment-letter-offer-letter.html)
- [https://answers.yahoo.com/question/index?qid=20071027011756AAy6kDx](https://answers.yahoo.com/question/index?qid=20071027011756AAy6kDx)
- [https://www.citehr.com/86759-hr-work-diff-b-w-offer-appointment-letter.html](https://www.citehr.com/86759-hr-work-diff-b-w-offer-appointment-letter.html)
Have a nice day.
Simhan
From United Kingdom
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Dear Surabhi,
Thank you for your reply. Could you please inform me if the company has any compensations due to the candidate and if a plain letter stating the cancellation of the offer letter would suffice?
Thank you,
HRPFL
From India, Chicalim
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Thank you for your reply. Could you please inform me if the company has any compensations due to the candidate and if a plain letter stating the cancellation of the offer letter would suffice?
Thank you,
HRPFL
From India, Chicalim
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Dear,
An offer letter is still an offer unless it is accepted, upon which emerges a contract. Furthermore, it is subject to joining duty, and if the person does not join on the stated date, and if management requires the individual, the joining date can be extended conditionally. Otherwise, there is no enforceable contract on both sides.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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An offer letter is still an offer unless it is accepted, upon which emerges a contract. Furthermore, it is subject to joining duty, and if the person does not join on the stated date, and if management requires the individual, the joining date can be extended conditionally. Otherwise, there is no enforceable contract on both sides.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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Hello,
What was issued and accepted by the candidate was an "offer letter" which also indicated a date of joining. However, unless the Letter of Appointment is issued, the employer-employee relationship has not commenced. Regrettably, you cannot proceed against a non-employee for a breach of a contract that is non-existent anyway!
For good order's sake, the employer-to-be must first and foremost withdraw the offer letter, then blacklist the candidate, and subsequently forget about the matter as proceeding against the candidate legally will not justify a cost-benefit analysis. We are not in the industry to "teach lessons to people who are not our employees." Even for those who are our employees and misbehave, I would recommend a systematic and graduated approach.
Surabhi's recommendation is correct, and I am only adding the logical justification to the proposed action of not employing the candidate anyway!
Regards,
Samvedan
September 14, 2008
From India, Pune
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What was issued and accepted by the candidate was an "offer letter" which also indicated a date of joining. However, unless the Letter of Appointment is issued, the employer-employee relationship has not commenced. Regrettably, you cannot proceed against a non-employee for a breach of a contract that is non-existent anyway!
For good order's sake, the employer-to-be must first and foremost withdraw the offer letter, then blacklist the candidate, and subsequently forget about the matter as proceeding against the candidate legally will not justify a cost-benefit analysis. We are not in the industry to "teach lessons to people who are not our employees." Even for those who are our employees and misbehave, I would recommend a systematic and graduated approach.
Surabhi's recommendation is correct, and I am only adding the logical justification to the proposed action of not employing the candidate anyway!
Regards,
Samvedan
September 14, 2008
From India, Pune
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Usually, in an offer letter, one sentence is mentioned that if a candidate fails to join on or before XXX date, this offer automatically stands withdrawn. Please add this sentence to your future offer letters.
CEHERS
From India, Pune
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CEHERS
From India, Pune
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Dear,
An offer for employment, if accepted, results in a contract for service when the employee joins the service. It can be followed up by an appointment letter or a contract of service containing the terms and conditions. Sometimes, management resorts to both.
With Regards,
E-mail: rajanassociates@eth.net
From India, Bangalore
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An offer for employment, if accepted, results in a contract for service when the employee joins the service. It can be followed up by an appointment letter or a contract of service containing the terms and conditions. Sometimes, management resorts to both.
With Regards,
E-mail: rajanassociates@eth.net
From India, Bangalore
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Samvedan,
Why don't you consider the aspect of the reasons for the employee not joining the organization? What if the employer has issued an offer letter against the asked/expected salary level? I had my own experience that a couple of companies had not issued an offer letter at my expected salary level even after it was conveyed in the HR interview. What if the employee gets a better choice during his job search days? Why can't he have the right to choose from his pool of employers? Blacklisting is a toxic thinking and should be given up because this is also a highly unethical practice.
From United Kingdom
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Why don't you consider the aspect of the reasons for the employee not joining the organization? What if the employer has issued an offer letter against the asked/expected salary level? I had my own experience that a couple of companies had not issued an offer letter at my expected salary level even after it was conveyed in the HR interview. What if the employee gets a better choice during his job search days? Why can't he have the right to choose from his pool of employers? Blacklisting is a toxic thinking and should be given up because this is also a highly unethical practice.
From United Kingdom
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Hello all,
The last post was directed to me and was in respect of suggesting "blacklisting" a candidate who has avoided responding to the offer letter and is not coming forward to join.
Kindly consider this:
1. It is only after a detailed discussion of the suitability of the candidature, terms and conditions of employment, including the mutually acceptable compensation, that an offer letter is issued.
2. Therefore, it cannot be that the offer was lower/different than was discussed during the final interview. Good employers do NOT do that. Even assuming that it was done so, and the offer was indeed lower/different than what was discussed, the offer letter could still have been responded to by asking for clarifications OR by refusal of the offer.
3. The least decent professional conduct expected was a response. The conduct of the candidate in this case is evidently less than responsible!
The employer, in this case, has found out that the candidate he was about to employ CAN behave irresponsibly. That is why primarily, the offer should be withdrawn, and the candidate blacklisted. However, blacklisting does NOT suggest that the employer announces to the employers' community about the conduct of a candidate that the employer in this case considered (if at all he did!) irresponsible. This kind of blacklisting is done for its purpose to ensure the candidate may not be considered in the future!
Trust my stance is now clear!!
Regards,
Samvedan
August 1, 2010
From India, Pune
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The last post was directed to me and was in respect of suggesting "blacklisting" a candidate who has avoided responding to the offer letter and is not coming forward to join.
Kindly consider this:
1. It is only after a detailed discussion of the suitability of the candidature, terms and conditions of employment, including the mutually acceptable compensation, that an offer letter is issued.
2. Therefore, it cannot be that the offer was lower/different than was discussed during the final interview. Good employers do NOT do that. Even assuming that it was done so, and the offer was indeed lower/different than what was discussed, the offer letter could still have been responded to by asking for clarifications OR by refusal of the offer.
3. The least decent professional conduct expected was a response. The conduct of the candidate in this case is evidently less than responsible!
The employer, in this case, has found out that the candidate he was about to employ CAN behave irresponsibly. That is why primarily, the offer should be withdrawn, and the candidate blacklisted. However, blacklisting does NOT suggest that the employer announces to the employers' community about the conduct of a candidate that the employer in this case considered (if at all he did!) irresponsible. This kind of blacklisting is done for its purpose to ensure the candidate may not be considered in the future!
Trust my stance is now clear!!
Regards,
Samvedan
August 1, 2010
From India, Pune
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