Hello,
I have came across with a situation where we selected one candidate and offered him a job and he accepted the same. We also took his signature on acceptance letter saying that he has accepted our offer. Later as per our mutual discussion we gave him two weeks time to join. But on the day of joining he said that he is not willing to join our company.
Now we have his acceptance letter, offer letter with us which states that he has accepted our offer. So, can we take any legal actions against that candidate in this case?
Experts please give your views.
From India, Mumbai
I have came across with a situation where we selected one candidate and offered him a job and he accepted the same. We also took his signature on acceptance letter saying that he has accepted our offer. Later as per our mutual discussion we gave him two weeks time to join. But on the day of joining he said that he is not willing to join our company.
Now we have his acceptance letter, offer letter with us which states that he has accepted our offer. So, can we take any legal actions against that candidate in this case?
Experts please give your views.
From India, Mumbai
Dear Swati,
To give proper opinion, we need little more information. Please confirm contents of your offer letter. You may delete the candidate's name.
Secondly, acceptance of "Offer Letter" does not purport to establishment of employer-employee relationship. Therefore, on what grounds can you sue the candidate? Breach of agreement would have happened provided you would have given him the appointment letter confirming his future date of appointment. However, all these are surmises and best opinion can be provided only when we know the contents of the "Offer Letter".
"No shows" in the job market are common. This is because there are more jobs and fewer candidates who fulfil qualifying requirements in all respects. Yes,"no shows" throws company's planning into topsy-turvy. But then for every business there is downside and so is this one too.
Thanks,
Dinesh V Divekar
From India, Bangalore
7884To give proper opinion, we need little more information. Please confirm contents of your offer letter. You may delete the candidate's name.
Secondly, acceptance of "Offer Letter" does not purport to establishment of employer-employee relationship. Therefore, on what grounds can you sue the candidate? Breach of agreement would have happened provided you would have given him the appointment letter confirming his future date of appointment. However, all these are surmises and best opinion can be provided only when we know the contents of the "Offer Letter".
"No shows" in the job market are common. This is because there are more jobs and fewer candidates who fulfil qualifying requirements in all respects. Yes,"no shows" throws company's planning into topsy-turvy. But then for every business there is downside and so is this one too.
Thanks,
Dinesh V Divekar
From India, Bangalore
Please see https://www.gov.uk/job-offers-your-rights It all depends upon the offer letter and acceptance as explained by Dinesh Divekar.
But is litigation worth it??
From United Kingdom
But is litigation worth it??
From United Kingdom
Thank you Dinesh for prompt reply,
Following is the content of acceptance letter:
__________________________________________________ __________________________________________________ __________________________
Dear __________,
I am writing to confirm my acceptance of your employment offer of (date) as (designation) and to tell you how very pleased I am to be joining (company name). The work is exactly what I have prepared for and hoped to do. I feel confident that I can make a significant contribution to the corporation and I am grateful for the opportunity you have given me.
As we discussed, I will report to work at (time) on (date)
I look forward to working with you and your fine team. I appreciate your confidence in me and I am happy to be joining your organisation.
Sincerely,
(candidate's name and signature)
__________________________________________________ __________________________________________________ __________________________
Also I want clear one thing that we do not intend to take any legal action but I want to know if there is any option available or not.
From India, Mumbai
Following is the content of acceptance letter:
__________________________________________________ __________________________________________________ __________________________
Dear __________,
I am writing to confirm my acceptance of your employment offer of (date) as (designation) and to tell you how very pleased I am to be joining (company name). The work is exactly what I have prepared for and hoped to do. I feel confident that I can make a significant contribution to the corporation and I am grateful for the opportunity you have given me.
As we discussed, I will report to work at (time) on (date)
I look forward to working with you and your fine team. I appreciate your confidence in me and I am happy to be joining your organisation.
Sincerely,
(candidate's name and signature)
__________________________________________________ __________________________________________________ __________________________
Also I want clear one thing that we do not intend to take any legal action but I want to know if there is any option available or not.
From India, Mumbai
I seriously don’t understand how can an email and “offer letter” acceptance be treated as an establishment of employment..
Mr Divekar has rightly said that the acceptance of offer letter does not mean, a candidate became an employee but still a candidate and you don’t have any right to take any legal or formal action against any candidate, but need to be more conscious with recruitment and interview procedure.
One more thing to remind you that until employee offered appointment letter and provide you his/her acceptance, deserve the right to think again over his/her decision as well as you being an EMPLOYER if found any better candidature. However, I agree morally these acts wont be professional and ethical.
So please forget about it and realize the value of your time and need of good candidature, go ahead with your work
To accept and reject offer letters by Employee/Employer is also a serious concern just like as to ignore /miss the interview schedules by candidates after accepting or agreeing on it and that cause the wastage of time, efforts and more.
Not just to educated all with that kind of matter but with hope to have good professionals in system, I request to all candidates and employers to take the decisions concisely and stand on it because “Decision Skill” is one the very important factor of SUCCESS
From India, Gurgaon
Mr Divekar has rightly said that the acceptance of offer letter does not mean, a candidate became an employee but still a candidate and you don’t have any right to take any legal or formal action against any candidate, but need to be more conscious with recruitment and interview procedure.
One more thing to remind you that until employee offered appointment letter and provide you his/her acceptance, deserve the right to think again over his/her decision as well as you being an EMPLOYER if found any better candidature. However, I agree morally these acts wont be professional and ethical.
So please forget about it and realize the value of your time and need of good candidature, go ahead with your work
To accept and reject offer letters by Employee/Employer is also a serious concern just like as to ignore /miss the interview schedules by candidates after accepting or agreeing on it and that cause the wastage of time, efforts and more.
Not just to educated all with that kind of matter but with hope to have good professionals in system, I request to all candidates and employers to take the decisions concisely and stand on it because “Decision Skill” is one the very important factor of SUCCESS
From India, Gurgaon
Hello Swati,
As mentioned by you that you want to take an legal action against him / her because of offer letter acceptance by him / her
What if in other condition When You ( Employer ) refuse to take candidate after giving offer letter. You company ready to pay compensation to that employee??
Many organization are hiring candidates from campus and giving offer letters after few days companie's HR inform candidate that due to problems**** we will not hire you. they are not giving any compensation nor employee able to take any legal action.
At time of interview gain the confidence of employee so they can join your organization.
Thanking you,
Regards,
Ashish
From India, Pune
As mentioned by you that you want to take an legal action against him / her because of offer letter acceptance by him / her
What if in other condition When You ( Employer ) refuse to take candidate after giving offer letter. You company ready to pay compensation to that employee??
Many organization are hiring candidates from campus and giving offer letters after few days companie's HR inform candidate that due to problems**** we will not hire you. they are not giving any compensation nor employee able to take any legal action.
At time of interview gain the confidence of employee so they can join your organization.
Thanking you,
Regards,
Ashish
From India, Pune
Dear All,
I agree with the views expressed above but I wish to specify WHAT CONDITION IS ATTACHED TO OFFER OR APPOINTMENT LETTER IF A CANDIDATE FAILS TO REPORT FOR DUTY ON THE DATE STIPULATED. In my opinion, generally it is mentioned that if fails to report for duty, offer/appoint stands cancelled/withdrawn. If these facts are correct, then where lies the point to sue the candidate and vice-versa. In fact, no condition can be attached to 'NO SHOW' case. To avoid such incidents, a panel of candidates is prepared and chance is given to next candidate in merit. I think till joining of the candidate, employee & employer both are free and after joining agreement (appointment/offer letter) becomes enforceable.
Rgds
V K Gupta
From India, Panipat
I agree with the views expressed above but I wish to specify WHAT CONDITION IS ATTACHED TO OFFER OR APPOINTMENT LETTER IF A CANDIDATE FAILS TO REPORT FOR DUTY ON THE DATE STIPULATED. In my opinion, generally it is mentioned that if fails to report for duty, offer/appoint stands cancelled/withdrawn. If these facts are correct, then where lies the point to sue the candidate and vice-versa. In fact, no condition can be attached to 'NO SHOW' case. To avoid such incidents, a panel of candidates is prepared and chance is given to next candidate in merit. I think till joining of the candidate, employee & employer both are free and after joining agreement (appointment/offer letter) becomes enforceable.
Rgds
V K Gupta
From India, Panipat
The acceptance of offer letter does not mean, a candidate became an employee but still a candidate and you don’t have any right to take any legal or formal action against any candidate, but need to be more conscious with recruitment and interview procedure.
Somya Kashyap
From India
Somya Kashyap
From India
Hi
To my knowledge, there is no provision in law to take action against employee who fails to turn up on the date of joining. No show is a regular phenomenon in every industry. If you offer 10 candidates, only 6 or 7 would turn up on the date of joining. There is no employer - employee relationship till a candidate comes on board. So, no legal action can be initiated.
Though not related to this topic, I want to something else as well. In BPOs atleast 5% of candidates quit within 1 or 2 months, without even submitting resignation letter. They are considered as Absconders. In lot of organizations, due to volume of work, the HR don't bother to send formal communication to the so called Absconders. A formal email has to be sent asking the candidate to join within 7 days, before terminating his service. Termination email need to be sent after 7 days
Labour laws are mostly on the side of employees and an employee can even sue an employer for terminating him without notice.
In some organizations, candidates go on to take leave for 3 or 4 days without permission and turn up on 5th day. It is indiscipline. Still, as per law, he cannot be terminated. Few organizations have this clause in the offer letter that if a candidate doesn't report for duty for 3 consecutive days, without approval his employment gets terminated automatically.
So it is better to put everything in offer letter itself
From India, Madras
To my knowledge, there is no provision in law to take action against employee who fails to turn up on the date of joining. No show is a regular phenomenon in every industry. If you offer 10 candidates, only 6 or 7 would turn up on the date of joining. There is no employer - employee relationship till a candidate comes on board. So, no legal action can be initiated.
Though not related to this topic, I want to something else as well. In BPOs atleast 5% of candidates quit within 1 or 2 months, without even submitting resignation letter. They are considered as Absconders. In lot of organizations, due to volume of work, the HR don't bother to send formal communication to the so called Absconders. A formal email has to be sent asking the candidate to join within 7 days, before terminating his service. Termination email need to be sent after 7 days
Labour laws are mostly on the side of employees and an employee can even sue an employer for terminating him without notice.
In some organizations, candidates go on to take leave for 3 or 4 days without permission and turn up on 5th day. It is indiscipline. Still, as per law, he cannot be terminated. Few organizations have this clause in the offer letter that if a candidate doesn't report for duty for 3 consecutive days, without approval his employment gets terminated automatically.
So it is better to put everything in offer letter itself
From India, Madras
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