Hello, One of my friend has received an offer from a Company in the month of February, 2020 and accordingly he resigned from the Company, he was supposed to join the new company on March 19,2020 but the new company postponed his joining due to Corona Pandemic and sent him a revised offer on March 19, 2020, stating he can join them on or before April, 20, 2020 and so he do replied that he will be joining on April 15,2020. But now on April 9, 2020 he received an email from the new Employer that his offer has been withdrawn due to global scenario Is it legal, what should the candidate do now as he has already served notice period in previous organisation and has no other offer in hand. What actions can the Candidate take against this Organisation.
From Taiwan, Taipei
1From Taiwan, Taipei
Dear Pallavi,
Misfortune has struck in real sense to your friend. The situation has left your friend in lurch.
An appointment letter is a contract between the employer and the employee under the provisions of the Indian Contract Act, 1872.
However, the offer letter may not be a contract. It may not be as to whether the offer of employment is revocable or not that may not be mentioned. It becomes a contract provided conditions of revoking the offer of employment are mentioned explicitly.
Therefore, check the conditions of the offer letter. If conditions of annulment are mentioned then nothing can be done per se.
Nevertheless, your friend may write a letter to the MD of the future company pleading to go ahead with the filling of the vacancy as envisaged. How far your friend's request will be acceded to that remains to be seen.
Thanks,
Dinesh Divekar
From India, Bangalore
Misfortune has struck in real sense to your friend. The situation has left your friend in lurch.
An appointment letter is a contract between the employer and the employee under the provisions of the Indian Contract Act, 1872.
However, the offer letter may not be a contract. It may not be as to whether the offer of employment is revocable or not that may not be mentioned. It becomes a contract provided conditions of revoking the offer of employment are mentioned explicitly.
Therefore, check the conditions of the offer letter. If conditions of annulment are mentioned then nothing can be done per se.
Nevertheless, your friend may write a letter to the MD of the future company pleading to go ahead with the filling of the vacancy as envisaged. How far your friend's request will be acceded to that remains to be seen.
Thanks,
Dinesh Divekar
From India, Bangalore
A contract is complete when there is an offer and acceptance.
Here there is offer and acceptance which makes a contract complete.
But going beyond the basics of contract -offer and acceptance- as rightly mentioned above by learned member,you will have to read the offer letter in full.
What are the conditions in the offer letter?
Where is the company based?
Your post appears to be from Taiwan.
Is the company based in Taiwan and offer is in Taiwan?
Then Taiwanese laws will come into play.
Regardless of the legalities of the matter, the candidate can ask them to reconsider the cancellation and ask for a longer date,by which time Covid would be conquered(It will be).
Meantime look around, add to skills by online courses etc.
Legal battle would be of no major consequence, presently.
All the best.
From India, Pune
Here there is offer and acceptance which makes a contract complete.
But going beyond the basics of contract -offer and acceptance- as rightly mentioned above by learned member,you will have to read the offer letter in full.
What are the conditions in the offer letter?
Where is the company based?
Your post appears to be from Taiwan.
Is the company based in Taiwan and offer is in Taiwan?
Then Taiwanese laws will come into play.
Regardless of the legalities of the matter, the candidate can ask them to reconsider the cancellation and ask for a longer date,by which time Covid would be conquered(It will be).
Meantime look around, add to skills by online courses etc.
Legal battle would be of no major consequence, presently.
All the best.
From India, Pune
PLEASE SHOW THE CONTENT OF OFFER LETTER AT attrilegalservices@gmail.com I WILL GUIDE YOU. REGARDS PARDEEP SHARMA ATTRI
From India, Mumbai
From India, Mumbai
Dear Pallavi Prasade,
This is the situation which is common now a days, specially in Software Industry. This time, it may be due to Lock-down situation but we have seen companies doing this very often due to different- different reasons. Sometimes companies release extra offers to prevent and deal with last minute drop-out cases; as a back-up resource, sometimes it is due to slow business/ramp-down and many times due to budget constraints.
Company's always keep only favorable terms and conditions in any contract hence there's a very legal options left with your friend for now. You may need to go through details of offer letter first.
Solutions, other than legal (as we don't know offer contents yet) may be:
- He can write an email to company's Head-HR & MD/CEO - informing his current jobless situation in this pandemic (should be polite enough but gives strong message informing his/her current situation) - writing such email is an art - please take someone advise and draft strong email - feel free to reach me for any guidance if you need any suggestion while preparing draft email.
- Social media is one platform, where your friend can connect with company's MD/senior management people (as your friend may not have their personal email Ids right now).
As mentioned by Dear Nathroa above, I do second him on below points. These are best suited options for him right now.
- He can ask for future DOJ if there's no position right now (it gives positive message to an employer)
- Your friend may opt for various online courses during this lock down period
As well in my point of view, if company is not stable due to 1 or 2 months lock-down outside it may not be "the company" one should target for his/her future job. This is strong message to your friend and tell him to look for stable company for better future prospects.
From Ghana, Kumasi
This is the situation which is common now a days, specially in Software Industry. This time, it may be due to Lock-down situation but we have seen companies doing this very often due to different- different reasons. Sometimes companies release extra offers to prevent and deal with last minute drop-out cases; as a back-up resource, sometimes it is due to slow business/ramp-down and many times due to budget constraints.
Company's always keep only favorable terms and conditions in any contract hence there's a very legal options left with your friend for now. You may need to go through details of offer letter first.
Solutions, other than legal (as we don't know offer contents yet) may be:
- He can write an email to company's Head-HR & MD/CEO - informing his current jobless situation in this pandemic (should be polite enough but gives strong message informing his/her current situation) - writing such email is an art - please take someone advise and draft strong email - feel free to reach me for any guidance if you need any suggestion while preparing draft email.
- Social media is one platform, where your friend can connect with company's MD/senior management people (as your friend may not have their personal email Ids right now).
As mentioned by Dear Nathroa above, I do second him on below points. These are best suited options for him right now.
- He can ask for future DOJ if there's no position right now (it gives positive message to an employer)
- Your friend may opt for various online courses during this lock down period
As well in my point of view, if company is not stable due to 1 or 2 months lock-down outside it may not be "the company" one should target for his/her future job. This is strong message to your friend and tell him to look for stable company for better future prospects.
From Ghana, Kumasi
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