Chiranjeevi.dw
I received an offer from a company and I accepted it. And they asked me to join in two days but as I need to serve two months notice I said it was not possible so they said that I need to attend their company event which was after two days. I accepted to attend by telling that I would be able to join after two months only so they got a declaration signed which mentioned that I am a part of this event and I would surely join their company if not they can go legal against me.. But now if I don't join will they sue me??? Please suggest.
From India, Bengaluru
Dinesh Divekar
7884

Dear Chiranjeevi,

Attending company event and joining the company are two separate things. Why you have clubbed these two things is not understood. Moreover, your joining was about two months away. Had it been even two weeks later, I would not have recommended you attending the event. Attending of the event would have been justified only if your joining would have been just few days later.

It appears that HR of your future company, used the event as ploy to take declaration for joining. Why they did this let me explain you. When employee resigns on getting new job opportunity, his/her company negotiates to retain him/her. After salary hike or assurance for salary hike, such employees do not join. Worst is "no show" on the date of joining by a job candidate. This leaves the company in general and HR in particular in lurch. Therefore, by obtaining declaration from you, your future company's HR has secured themselves.

Against this backdrop, what we need to know is what kind of declaration have you given. Did you give affidavit or was it a bond between you and senior official of the company or the declaration was on just a plain paper.

Thanks,

Dinesh Divekar


From India, Bangalore
Chiranjeevi.dw
It was on a normal paper on which it was printed as follows:
I am attending an yearly meeting and so would confirm that I would join their company and if I would not join th company then they can take legal action against me.

From India, Bengaluru
Dinesh Divekar
7884

Dear Chiranjeevi,
Since the declaration was on plain paper, it carries no meaning. However, the episode throws light on the company's culture. In case if you have not resigned from the current company then better take a call on whether to join this company or not. Your future company appears to be to be too much dominating. They do not have much regard for the employee relations.
Thanks,
Dinesh Divekar

From India, Bangalore
nathrao
3131

This kind of declaration has no legal value.
As learned member Dinesh rightly mentioned,it speaks volumes of the culture of the company.
Was the job offer in writing?
No one can force you to join this company-declaration or no declaration.

From India, Pune
nathrao
3131

Attending a company event does not make you an employee. By the way what did you reply to the company email offer?
From India, Pune
Chiranjeevi.dw
Below was my response:
I would like to thank you for offering me a job in your esteemed organisation.I am very pleased to accept your offer. My joining date will be updated once I have a discussion with my current organisation's HR. Thanking You.
I received the offer on 25th of jan and they had an event on 26th about their 2015 achievement and 2016 goal with a networking dinner. The director said i need to be a part of this event. I signed a normal paper printed declaration that i would be a part of this event as i will join the company and if not they can go legal against me.
They actually were doubting i would join their company or not. The Hr, Director & Regional head all were asking about my seriousness to join and said they are looking forward for me to join them.. Even after the event finished all said the same thing.

From India, Bengaluru
Chiranjeevi.dw
I actually applied for a infra sales role and after several rounds they said that i dont fit for the role which they had but they said they will see for a new role for me and they confirmed a KAM role. They were not sure whether i was serioulsy going to join their company or just playing around for a salary hike in my current org.
From India, Bengaluru
kishorkulkarni
241

I am just to clarify that a declaration given on plain paper has legal importance. It is not that such document carries no meaning or has no legal value. It is not that all declarations should be given on Stamp Paper only. If we accept this proposition, then resignation letter of any employee has to be taken on Stamp Paper only.
On the other hand, resignation letter even if obtained on a Stamp paper, needs to be proved if denied and challenged by that employee.
Normally, appointment orders, transfer orders, promotion orders, termination orders and such orders are passed on Non-Stamp papers only. But they are equally effective, operative and legally challengeable in courts.
So, my suggestion is that, whatever communication you do, give equal importance to anything written on paper whether it is a stamp paper or a plain paper and just do not take such communication casually.

From India, Kolhapur
Chiranjeevi.dw
If this declaration has legal importance then what is the actions that they can take.. I know it was a mistake done by me but now if i dont adhere to this declaration can this cause serious actions. Please advice.
From India, Bengaluru
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