Dear Seniors,
My friend is interviewed for a higher position in one of the company.
He got selected & got the offer letter. He acknowledged that he will join the organisation (only a mail communication).
They waited for him since his notice period in current company was 90days.
Due to some personal issues he is now not in a position to join that organisation.
He communicated the same to them.
But the HR professional of that company is blackmailing him to join or he would blacklist his employment by giving complaint to some associations.
My query can any company force candidate to join?
Can they blacklist employment?
Please share your views urgent
From India, Pune
4My friend is interviewed for a higher position in one of the company.
He got selected & got the offer letter. He acknowledged that he will join the organisation (only a mail communication).
They waited for him since his notice period in current company was 90days.
Due to some personal issues he is now not in a position to join that organisation.
He communicated the same to them.
But the HR professional of that company is blackmailing him to join or he would blacklist his employment by giving complaint to some associations.
My query can any company force candidate to join?
Can they blacklist employment?
Please share your views urgent
From India, Pune
Hi,
Legally it is not possible to black list a candidate who has rejected joining after accepting the offer.
Usually it may be because of the frustration of that HR professional (since the candidate backed out at the last moment) he is threatening.
Following are the pain points for HR professional at this context.
a) There may not be an alternate candidate planned.
b) The recruitment process of that senior position is back to square one.
The HR must have come to know that either the present employer must have retained the candidate with higher salary or the candidate must have used this offer to get a better package else where.
What ever may be the reason, he/she can not be black listed officially.
However the HR may resort to the following activities to vent out the ire.
A) Communicate with the present employer that, this candidate was offered ( in case it was not known already) and try to make his position shaky.
B) To inform the other similar industries that the candidate is unreliable.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Legally it is not possible to black list a candidate who has rejected joining after accepting the offer.
Usually it may be because of the frustration of that HR professional (since the candidate backed out at the last moment) he is threatening.
Following are the pain points for HR professional at this context.
a) There may not be an alternate candidate planned.
b) The recruitment process of that senior position is back to square one.
The HR must have come to know that either the present employer must have retained the candidate with higher salary or the candidate must have used this offer to get a better package else where.
What ever may be the reason, he/she can not be black listed officially.
However the HR may resort to the following activities to vent out the ire.
A) Communicate with the present employer that, this candidate was offered ( in case it was not known already) and try to make his position shaky.
B) To inform the other similar industries that the candidate is unreliable.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Hi Raghavendra,
As Dayanand has pointed out, it is not only illegal to blacklist a candidate who has declined to join, it is also illegal to threaten him in any way.
Your friend should write to the MD informing him of the threats and enclosing any evidence. The letter should also include your friends apology for the inconvenience caused by not joining, (this is a matter of simple courtesy).
Having said that, I must point out the HR is also at fault here, in their recruitment process.
Any good HR professional should always have at least two other candidates as back up, should the first candidate be unable or unwilling to join.... even after acceptance.
HR must realize that they are dealing with Humans and that circumstances can change......at any time, whether it is for personal reasons or if the current employer has made an irresistible offer, in an effort to retain.
Would this HR professional not do the same if faced with the prospect of a valued employee leaving?
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
As Dayanand has pointed out, it is not only illegal to blacklist a candidate who has declined to join, it is also illegal to threaten him in any way.
Your friend should write to the MD informing him of the threats and enclosing any evidence. The letter should also include your friends apology for the inconvenience caused by not joining, (this is a matter of simple courtesy).
Having said that, I must point out the HR is also at fault here, in their recruitment process.
Any good HR professional should always have at least two other candidates as back up, should the first candidate be unable or unwilling to join.... even after acceptance.
HR must realize that they are dealing with Humans and that circumstances can change......at any time, whether it is for personal reasons or if the current employer has made an irresistible offer, in an effort to retain.
Would this HR professional not do the same if faced with the prospect of a valued employee leaving?
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Dear Raghavendra,
I completely agree with the comments given by our fellow member, Dayanand. The Human Resources of that company would have closed the position after offering your friend, however they would have been seriously frustrated, when your friend declined the offer close to the date, in which he was suppose to join.
Without any legal implication, the HR of any company cannot black list the name of anyone. Especially those who is are not associated with that organization.
From India, Bangalore
I completely agree with the comments given by our fellow member, Dayanand. The Human Resources of that company would have closed the position after offering your friend, however they would have been seriously frustrated, when your friend declined the offer close to the date, in which he was suppose to join.
Without any legal implication, the HR of any company cannot black list the name of anyone. Especially those who is are not associated with that organization.
From India, Bangalore
The HR cannot blackmail the candidate. However the HR too cannot be blamed pursuading the candidate join. As several SME's for one job position only one offer at a time can be issued although they may have back up of second best candidate. Only after the first candidate refused the offer on the nth day can the offer be made to the next candidate. If the offer is made to both of them and both are willing to join, then the budget may not permit both hires. In which case it is not ethical on the part of the company to decline the offer to either of them.
In this case it would have been good if the candidate has shown his disinterest at the earliest instead of keeping the HR waiting for 90 days, which would delay the hiring process for the next candidate.
From India, Hyderabad
In this case it would have been good if the candidate has shown his disinterest at the earliest instead of keeping the HR waiting for 90 days, which would delay the hiring process for the next candidate.
From India, Hyderabad
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