Hello Experts,
Please answer the below-mentioned questions:
1. Is the offer letter a legal contract between the employer and employee?
2. Can an employee or employer go to court based on the terms mentioned in the offer letter?
3. If certain clauses in the offer letter are designed to give unfair benefits to the employer (like if it clearly mentions the notice period for the employer to terminate an employee but doesn't mention the notice period from the employee's side), will it be a valid contract/agreement?
Thanks and regards,
Versha Rajan
From India
Acknowledge(0)
Amend(0)
3Please answer the below-mentioned questions:
1. Is the offer letter a legal contract between the employer and employee?
2. Can an employee or employer go to court based on the terms mentioned in the offer letter?
3. If certain clauses in the offer letter are designed to give unfair benefits to the employer (like if it clearly mentions the notice period for the employer to terminate an employee but doesn't mention the notice period from the employee's side), will it be a valid contract/agreement?
Thanks and regards,
Versha Rajan
From India
Acknowledge(0)Amend(0)
Hi Versha,
Good question you asked.
An Offer Letter can act as neither an agreement nor a contract. It is all about offering employment. An employer will issue it to a prospective employee stating they are selected for the post and can join on the specified date. An agreement or contract should be made by both parties. Here, it is a kind of one-way communication, and no employer can take legal action against an offer letter.
Concerning certain statutory compliances and provisions mentioned in the respective Shops and Establishment Act or Factories Act, an employee can appear or appeal to the court for their benefits, even if it is not explicitly mentioned in the appointment letter.
Let me know if you have any further queries!
Cheers,
Vishwanath
From India, Hyderabad
Acknowledge(0)Amend(0)
Good question you asked.
An Offer Letter can act as neither an agreement nor a contract. It is all about offering employment. An employer will issue it to a prospective employee stating they are selected for the post and can join on the specified date. An agreement or contract should be made by both parties. Here, it is a kind of one-way communication, and no employer can take legal action against an offer letter.
Concerning certain statutory compliances and provisions mentioned in the respective Shops and Establishment Act or Factories Act, an employee can appear or appeal to the court for their benefits, even if it is not explicitly mentioned in the appointment letter.
Let me know if you have any further queries!
Cheers,
Vishwanath
From India, Hyderabad
Acknowledge(0)Amend(0)
Hi,
Your question needs a little clarity. If you are asking about an "offer letter," it is not an agreement but just an offer extended by the organization to the candidate. The candidate may accept the offer and not join the organization, in which case the offer becomes void.
But if you are talking about the letter of appointment (in some companies, the offer letter and appointment letter are one and the same), then it is a legal document. The validity of any legal document can be questioned if it's unfair to one of the parties among whom the agreement is made. For example, if the appointment letter states that the employee needs to give a notice of 1 month or salary in lieu of 1 month, but the company can terminate the services without giving any reason whatsoever, this clause of the agreement can be challenged in the court of law.
Please let me know if I have addressed your query or if you need more clarifications on the same.
Regards,
Arun
From India, Bangalore
Acknowledge(0)Amend(0)
Your question needs a little clarity. If you are asking about an "offer letter," it is not an agreement but just an offer extended by the organization to the candidate. The candidate may accept the offer and not join the organization, in which case the offer becomes void.
But if you are talking about the letter of appointment (in some companies, the offer letter and appointment letter are one and the same), then it is a legal document. The validity of any legal document can be questioned if it's unfair to one of the parties among whom the agreement is made. For example, if the appointment letter states that the employee needs to give a notice of 1 month or salary in lieu of 1 month, but the company can terminate the services without giving any reason whatsoever, this clause of the agreement can be challenged in the court of law.
Please let me know if I have addressed your query or if you need more clarifications on the same.
Regards,
Arun
From India, Bangalore
Acknowledge(0)Amend(0)
It is said to be a valid contract only if there is both an offer and acceptance. When an offer is accepted, an agreement comes into the picture with the acceptance of the terms mentioned in the offer letter.
CRK
crk.mbahr@yahoo.com
From India, Vijayawada
Acknowledge(0)Amend(0)
CRK
crk.mbahr@yahoo.com
From India, Vijayawada
Acknowledge(0)Amend(0)
Ms. Versharajan,
An offer letter is merely an assurance by the employer that they will provide an opportunity to work in their organization. The offer may be accepted by the candidate or may not be, hence there is no legal binding on the candidate. However, if any conditions in the offer letter are made and the candidate has accepted the conditions and reported for duty, then legal binding will be there to fulfill the agreed terms.
Thank you,
Satish B
From India, Bangalore
Acknowledge(0)Amend(0)
An offer letter is merely an assurance by the employer that they will provide an opportunity to work in their organization. The offer may be accepted by the candidate or may not be, hence there is no legal binding on the candidate. However, if any conditions in the offer letter are made and the candidate has accepted the conditions and reported for duty, then legal binding will be there to fulfill the agreed terms.
Thank you,
Satish B
From India, Bangalore
Acknowledge(0)Amend(0)
1. An offer will be a binding contract only after its acceptance. Please make it clear whether the same is accepted and/or acted upon.
2. If the offer is accepted, both the employer and employee have the right to seek recourse in a court of law for the performance of conditions laid down in the contract.
3. Terms and conditions are mutually accepted at once. If a term is not agreeable to you, do not accept it at all. Once accepted, you cannot complain. Regarding the notice period, as evident from your query, it is advantageous to the employee, and the employer must adhere to certain obligations under Industrial and Labour laws. If the employer desires, they can also impose a condition from the employee's side, subject to mutual acceptance.
From India, Madras
Acknowledge(0)Amend(0)
2. If the offer is accepted, both the employer and employee have the right to seek recourse in a court of law for the performance of conditions laid down in the contract.
3. Terms and conditions are mutually accepted at once. If a term is not agreeable to you, do not accept it at all. Once accepted, you cannot complain. Regarding the notice period, as evident from your query, it is advantageous to the employee, and the employer must adhere to certain obligations under Industrial and Labour laws. If the employer desires, they can also impose a condition from the employee's side, subject to mutual acceptance.
From India, Madras
Acknowledge(0)Amend(0)
1. Is the offer letter a legal contract between the employer and employee?
Offer Letter will become a legal contract document when the employee accepts it.
2. Can an employee or employer go to court based on the terms mentioned in the offer letter?
Yes, based on misconduct, theft, misuse of company property, etc. For other terms, the employer and/or employee can separate without approaching court.
3. If certain clauses in the offer letter are designed to give unfair benefits to the employer (like if it clearly mentions a notice period for the employer to terminate the employee but doesn't talk about the notice period from the employee's side), will it be a valid contract/agreement?
Normally, for any new incumbent, the notice period may be 24 hours on either side. If it is not mentioned in the offer letter, it is a mistake.
Regards,
Mahesh Seshadri
From India, Madras
Acknowledge(0)Amend(0)
Offer Letter will become a legal contract document when the employee accepts it.
2. Can an employee or employer go to court based on the terms mentioned in the offer letter?
Yes, based on misconduct, theft, misuse of company property, etc. For other terms, the employer and/or employee can separate without approaching court.
3. If certain clauses in the offer letter are designed to give unfair benefits to the employer (like if it clearly mentions a notice period for the employer to terminate the employee but doesn't talk about the notice period from the employee's side), will it be a valid contract/agreement?
Normally, for any new incumbent, the notice period may be 24 hours on either side. If it is not mentioned in the offer letter, it is a mistake.
Regards,
Mahesh Seshadri
From India, Madras
Acknowledge(0)Amend(0)
An offer letter is only a letter of intent whereby the employer makes an offer of employment to a prospective employee.
Normally, LOI or offer letter does not contain details of the notice period, etc. These are stipulated in the appointment letter, which is issued only after the candidate formally joins the organization.
Also, in the offer letter, it is generally stipulated that "you have agreed to join the company on or before... failing which the offer shall automatically be withdrawn."
The employee-employer relationship begins only after the candidate joins the organization, and thereafter, the relationship will be governed by the terms and conditions stated in the appointment letter.
If the candidate finds that the offer letter he has received contains certain stipulations that are not agreeable to him, the best course of action would be to discuss such clauses with the issuing authority and try to sort things out to one's satisfaction.
Well, if the terms and conditions mentioned in the offer letter are such that one is not inclined to accept them, simply do not accept them and, in the process, decline the offer made by the employer.
Vasant Nair
[QUOTE=mahaseshadri;1139265]
An offer letter will become a legal contract document when the employee accepts it.
Normally, for any new incumbent, the notice period may be 24 hrs on either side. If it is not mentioned in the offer letter, it is a mistake.
From India, Mumbai
Acknowledge(0)Amend(0)
Normally, LOI or offer letter does not contain details of the notice period, etc. These are stipulated in the appointment letter, which is issued only after the candidate formally joins the organization.
Also, in the offer letter, it is generally stipulated that "you have agreed to join the company on or before... failing which the offer shall automatically be withdrawn."
The employee-employer relationship begins only after the candidate joins the organization, and thereafter, the relationship will be governed by the terms and conditions stated in the appointment letter.
If the candidate finds that the offer letter he has received contains certain stipulations that are not agreeable to him, the best course of action would be to discuss such clauses with the issuing authority and try to sort things out to one's satisfaction.
Well, if the terms and conditions mentioned in the offer letter are such that one is not inclined to accept them, simply do not accept them and, in the process, decline the offer made by the employer.
Vasant Nair
[QUOTE=mahaseshadri;1139265]
1. Is the offer letter a legal contract between an employer and an employee?
An offer letter will become a legal contract document when the employee accepts it.
2. Can an employee or employer go to court based on the terms mentioned in the offer letter?
Yes, based on misconduct, theft, misuse of company property, etc. For other terms, the employer and/or employee can separate without approaching court.
Yes, based on misconduct, theft, misuse of company property, etc. For other terms, the employer and/or employee can separate without approaching court.
3. If certain clauses in the offer letter are designed to give unfair benefits to the employer (like if it clearly mentions the notice period for the employer to terminate the employee but doesn't talk about the notice period from the employee's side), will it be a valid contract/agreement?
Normally, for any new incumbent, the notice period may be 24 hrs on either side. If it is not mentioned in the offer letter, it is a mistake.
Regards,
Mahesh Seshadri
Mahesh Seshadri
From India, Mumbai
Acknowledge(0)Amend(0)
Dear all,
As mentioned by most of my senior friends, an offer is not a contract. The offer needs to be accepted in letter and spirit. Acceptance of the offer is the first step. This normally means that the employee-to-be has accepted the terms therein. However, while most good companies ensure that the offer and terms can stand up to legal scrutiny, at times some clauses are loaded in favor of the employer.
If a clause is discriminatory, it will not stand up in court. Additionally, depending on the position applied for, various acts would come into play (e.g., the Indian Contract Act, labor laws) even if the document is silent on any aspect.
Therefore, you always have legal recourse in case of any dispute (but you must have the time and patience to fight it out!). However, we need to know more about this specific case to advise further.
Best regards,
H. Prashad
Senior Trainer and Consultant
From India, Delhi
Acknowledge(0)Amend(0)
As mentioned by most of my senior friends, an offer is not a contract. The offer needs to be accepted in letter and spirit. Acceptance of the offer is the first step. This normally means that the employee-to-be has accepted the terms therein. However, while most good companies ensure that the offer and terms can stand up to legal scrutiny, at times some clauses are loaded in favor of the employer.
If a clause is discriminatory, it will not stand up in court. Additionally, depending on the position applied for, various acts would come into play (e.g., the Indian Contract Act, labor laws) even if the document is silent on any aspect.
Therefore, you always have legal recourse in case of any dispute (but you must have the time and patience to fight it out!). However, we need to know more about this specific case to advise further.
Best regards,
H. Prashad
Senior Trainer and Consultant
From India, Delhi
Acknowledge(0)Amend(0)
Do you have to give both letters — the offer letter first and then the appointment letter?? When do you give the appointment letter? Thanks Matty
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Versha,
Good day.
It's an important question that many of our people overlook or ignore. I have a personal experience in this regard while I was in New Zealand. Unfortunately, in developing countries like ours, the importance and the differences are not valued. I noted that many responses would have been confusing so far. It's as simple as follows:
1) An appointment letter is an invitation to join a particular organization to work. You may accept or reject it and inform them. It doesn't have much legal weight and is usually brief, typically one page in size. For example, there will be no details of salary or any other specifics. If you accept an appointment letter following a successful job interview, you will receive:
2) A job offer/employment agreement/offer of employment are different terms for the same thing. It is usually detailed, including your wages, period, benefits, responsibilities, etc. This document needs to be signed by both parties. Remember, an employment offer should always carry signatures from both parties. It holds more legal weight, and you can take legal action. I am not aware of our country's practices, but in developed countries, there are specific labor courts to handle such cases.
For more details regarding migration purposes, immigration departments will ask for a job offer (detailed) and not the letter of appointment. Therefore, be cautious and ensure you have your job offer/employment agreement from the company you work for. It will provide you with legal protection when issues arise.
I hope this clarifies your confusion. Please let me know if you need further information.
Regards,
Razeen Assan
razeen_assan@yahoo.co.nz
From Sri Lanka, Colombo
Acknowledge(0)Amend(0)
Good day.
It's an important question that many of our people overlook or ignore. I have a personal experience in this regard while I was in New Zealand. Unfortunately, in developing countries like ours, the importance and the differences are not valued. I noted that many responses would have been confusing so far. It's as simple as follows:
1) An appointment letter is an invitation to join a particular organization to work. You may accept or reject it and inform them. It doesn't have much legal weight and is usually brief, typically one page in size. For example, there will be no details of salary or any other specifics. If you accept an appointment letter following a successful job interview, you will receive:
2) A job offer/employment agreement/offer of employment are different terms for the same thing. It is usually detailed, including your wages, period, benefits, responsibilities, etc. This document needs to be signed by both parties. Remember, an employment offer should always carry signatures from both parties. It holds more legal weight, and you can take legal action. I am not aware of our country's practices, but in developed countries, there are specific labor courts to handle such cases.
For more details regarding migration purposes, immigration departments will ask for a job offer (detailed) and not the letter of appointment. Therefore, be cautious and ensure you have your job offer/employment agreement from the company you work for. It will provide you with legal protection when issues arise.
I hope this clarifies your confusion. Please let me know if you need further information.
Regards,
Razeen Assan
razeen_assan@yahoo.co.nz
From Sri Lanka, Colombo
Acknowledge(0)Amend(0)
Dear Versha,
Acceptance of an offer becomes a contract. So, clauses of an offer not yet accepted by an individual are not a contract and cannot be enforceable by law. As you have mentioned the clauses of the appointment letter, the way they have mentioned the clauses in the appointment letter is void ab initio. It means these contracts are void. The clauses should include a mutual one-month notice period.
Thank you.
From India, Delhi
Acknowledge(0)Amend(0)
Acceptance of an offer becomes a contract. So, clauses of an offer not yet accepted by an individual are not a contract and cannot be enforceable by law. As you have mentioned the clauses of the appointment letter, the way they have mentioned the clauses in the appointment letter is void ab initio. It means these contracts are void. The clauses should include a mutual one-month notice period.
Thank you.
From India, Delhi
Acknowledge(0)Amend(0)
Hi there,
An offer letter is not a legally binding document. You can't hold the company accountable unless you sign a contract from both sides because, for any reason, the company can withdraw their offer if they change their minds, and they have every right to do so.
From Oman, Muscat
Acknowledge(0)Amend(0)
An offer letter is not a legally binding document. You can't hold the company accountable unless you sign a contract from both sides because, for any reason, the company can withdraw their offer if they change their minds, and they have every right to do so.
From Oman, Muscat
Acknowledge(0)Amend(0)
Hi there,
The question is, "Is it legal to withdraw the offer?"
We need to understand that an offer has no value until it is accepted by the other party, and the moment it is accepted, it shall be legally binding on both parties. Someone pointed out that since there existed no employer-employee relationship, there was no cause of action. This is a wrong understanding. It's a clear case of breach of contract, and there is a civil remedy for breach of contract that the affected party can pursue and be compensated for.
From India, Delhi
Acknowledge(0)Amend(0)
The question is, "Is it legal to withdraw the offer?"
We need to understand that an offer has no value until it is accepted by the other party, and the moment it is accepted, it shall be legally binding on both parties. Someone pointed out that since there existed no employer-employee relationship, there was no cause of action. This is a wrong understanding. It's a clear case of breach of contract, and there is a civil remedy for breach of contract that the affected party can pursue and be compensated for.
From India, Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Contract Letter to an Employee for fixed period.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf