I have received a new offer and accepted it over email, but I have not digitally signed it and also haven't completed the online onboarding. I am expecting another offer in a few days. My current offer letter states that if I resign, I need to serve a 2-month notice period or pay for the notice period days. My question is, if I join and resign within a week's time and do not serve the notice period, do I need to pay them 2 months' salary?
Secondly, since I haven't yet completed the onboarding process, am I currently bound by the employment contract?
From India, Pune
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Secondly, since I haven't yet completed the onboarding process, am I currently bound by the employment contract?
From India, Pune
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Hi,
There is no legal issue in declining or canceling an offer of appointment done via email or, for that matter, acceptance of an offer in writing. What you need to do is to send a reply email referring to your previous message (accepting the offer of employment) stating that you are constrained to withdraw your acceptance of the offer of employment due to compelling personal reasons. This will cease any legal binding between the employer and you.
However, it is advisable to think twice before accepting an offer of employment, especially when you intend to have multiple job offers on hand in a relatively short time, enabling you to choose the best one that suits you by all means, prompting you to join the best one.
You should appreciate the fact that an employer spends time and resources to select you, and your withdrawal of acceptance of the offer either at the initial stage or at the last minute will put the employer under a lot of strain. Furthermore, if you adopt the same approach frequently, your reputation in the job market will be damaged, and your future employment prospects will be jeopardized.
Please take care.
P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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56There is no legal issue in declining or canceling an offer of appointment done via email or, for that matter, acceptance of an offer in writing. What you need to do is to send a reply email referring to your previous message (accepting the offer of employment) stating that you are constrained to withdraw your acceptance of the offer of employment due to compelling personal reasons. This will cease any legal binding between the employer and you.
However, it is advisable to think twice before accepting an offer of employment, especially when you intend to have multiple job offers on hand in a relatively short time, enabling you to choose the best one that suits you by all means, prompting you to join the best one.
You should appreciate the fact that an employer spends time and resources to select you, and your withdrawal of acceptance of the offer either at the initial stage or at the last minute will put the employer under a lot of strain. Furthermore, if you adopt the same approach frequently, your reputation in the job market will be damaged, and your future employment prospects will be jeopardized.
Please take care.
P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
Acknowledge(1)Amend(0)
Now, digital communication is well accepted in courts as well. Nowadays, it is not necessary for you to receive a hard copy of the job offer letter and physically sign the second copy to be bound by company rules. Once you receive email communication, you are bound by the rules and regulations set forth by the company.
Moving on to your specific queries:
1) My question is, if I join and resign within a week's time without serving the notice period, do I need to pay them two months' salary?
If you join the company, you are acknowledging and agreeing to the rules, regulations, terms, and conditions governing your employment with the company. If you decide to leave, you must either fulfill the stipulated notice period or provide payment in lieu of the notice period.
2) Secondly, since I have not completed the onboarding process yet, am I currently bound by the employment contract?
We recommend that you seek advice from a legal professional specializing in employment laws.
From India, Aizawl
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Moving on to your specific queries:
1) My question is, if I join and resign within a week's time without serving the notice period, do I need to pay them two months' salary?
If you join the company, you are acknowledging and agreeing to the rules, regulations, terms, and conditions governing your employment with the company. If you decide to leave, you must either fulfill the stipulated notice period or provide payment in lieu of the notice period.
2) Secondly, since I have not completed the onboarding process yet, am I currently bound by the employment contract?
We recommend that you seek advice from a legal professional specializing in employment laws.
From India, Aizawl
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(Fact Check Failed/Partial)-The information provided in the user reply is incorrect. In most cases, acceptance of an offer does not create a legally binding contract until all terms are agreed upon and communicated. It's advisable to seek legal counsel for accurate guidance.
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Accepting a job offer over email is equal to confirming that you are ready to join. Therefore, the only thing which remains is if any lead time is given for joining, then you can honestly decline the offer with a reason and apology. If you join and leave, even for a day, you are bound by the service's terms and conditions; hence, you will have to serve a notice period or pay in lieu. Please exercise high professionalism in matters of job acceptance and joining formalities. It is a matter of your reputation in the industry.
From India, Vadodara
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From India, Vadodara
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. It is important to note that accepting a job offer over email does not always equate to being bound by the terms of the employment contract. Additionally, the statement about being bound by the service terms and conditions even if one joins and leaves within a day is not always accurate. It is advisable to carefully review the specific terms of the offer and the applicable labor laws to determine the exact obligations.
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(Fact Check Failed/Partial)-[The user reply contains inaccuracies. Accepting an offer, even over email, can create a legally binding contract. Withdrawing acceptance should be done carefully to avoid potential legal consequences. It's crucial to consider the terms of the offer and seek legal advice if unsure.]