Dear Swathi,
You state "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."
When that's the case, why even raise the question of what options you have?
From United Kingdom
1624You state "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."
When that's the case, why even raise the question of what options you have?
From United Kingdom
Okay...
Thank you all for your reply. As I specified earlier that we do not wish to take any legal action but I am taking it as a case study. I was curious to know that if there is any provision or not.
So my key learning is you cant do anything in NO SHOW cases. Rightly said by few members, our laws are more biased on employee's side. Sad but true...
From India, Mumbai
Thank you all for your reply. As I specified earlier that we do not wish to take any legal action but I am taking it as a case study. I was curious to know that if there is any provision or not.
So my key learning is you cant do anything in NO SHOW cases. Rightly said by few members, our laws are more biased on employee's side. Sad but true...
From India, Mumbai
Dear Swati and others,
The discussion was on available legal options for "no show" by the job candidate. Why bring labour laws in between, take sides and start accusing for having them on the side of employees?
My dear friends, browse this very forum and you will get 'n' number of cases of on-spot termination, non-payment of salaries, non-issue of employment certificate and so on. How come employers muster courage to do all this? Obviously the weak implementation of laws favour employers more than employees.
Swati or her management has failed to insert the penalty clause in the offer letter in case of "no show" by the candidate. Do not blame "labour laws" for their poor drafting skills. "No show" by job candidate is not today's affair. It has been happening for decade or so. Why then precautionary measures were not taken?
In fact a seasoned interviewer should be able to gauge the attitude of the candidate. Dithering mentality or fickleness of the job candidate should be captured right at the interview stage itself.
Do we know anything about Swati's company's selection process, number of rounds of selection, who took the interviews and competence of the interviewers etc? Nobody knows. Then why jump guns and train them on labour laws? Let us not sweep managerial weaknesses under the carpet of labour laws. This habit will take us nowhere.
My above post may sound as if I were some labour union leader. No way. My only point is on skirting around the issue and nothing else.
Thanks,
Dinesh V Divekar
From India, Bangalore
The discussion was on available legal options for "no show" by the job candidate. Why bring labour laws in between, take sides and start accusing for having them on the side of employees?
My dear friends, browse this very forum and you will get 'n' number of cases of on-spot termination, non-payment of salaries, non-issue of employment certificate and so on. How come employers muster courage to do all this? Obviously the weak implementation of laws favour employers more than employees.
Swati or her management has failed to insert the penalty clause in the offer letter in case of "no show" by the candidate. Do not blame "labour laws" for their poor drafting skills. "No show" by job candidate is not today's affair. It has been happening for decade or so. Why then precautionary measures were not taken?
In fact a seasoned interviewer should be able to gauge the attitude of the candidate. Dithering mentality or fickleness of the job candidate should be captured right at the interview stage itself.
Do we know anything about Swati's company's selection process, number of rounds of selection, who took the interviews and competence of the interviewers etc? Nobody knows. Then why jump guns and train them on labour laws? Let us not sweep managerial weaknesses under the carpet of labour laws. This habit will take us nowhere.
My above post may sound as if I were some labour union leader. No way. My only point is on skirting around the issue and nothing else.
Thanks,
Dinesh V Divekar
From India, Bangalore
Dear Manjerakar,
I can understand, how you are feeling.
You collected resumes from various sources
Shortlisted them
Arranged Interview
Selected that candidate by refusing others
Given Offer with a hope, that that Employee will join and assist the Organization.
And at last got a negative reply from the candidate you had selected.
Definitely you had spent a lot of time and energy for this, which could not be fruitful.
But, I am sorry, there is no law which can take action against the Candidate.
Whether that candidate is joining or not different matter, you please write a latter to him mentioning the problem you and your Organization are facing due to that Candidate and state not to repeat the same with any other Organization.
Generally, this type of Candidates can not progress as a god Professional.
From India
I can understand, how you are feeling.
You collected resumes from various sources
Shortlisted them
Arranged Interview
Selected that candidate by refusing others
Given Offer with a hope, that that Employee will join and assist the Organization.
And at last got a negative reply from the candidate you had selected.
Definitely you had spent a lot of time and energy for this, which could not be fruitful.
But, I am sorry, there is no law which can take action against the Candidate.
Whether that candidate is joining or not different matter, you please write a latter to him mentioning the problem you and your Organization are facing due to that Candidate and state not to repeat the same with any other Organization.
Generally, this type of Candidates can not progress as a god Professional.
From India
All views are accepted. Few things I would like to say:
1. I don't have any hard feelings for that candidate. He is not the only candidate and mine is not only company who have experienced this situation.
2. My main objective behind posting this is to make our recruitment, selection process better.
3. Somebody asked me "why bother if I don't want to take any legal action". Well the reason is; I am at initial phase in HR process and there will many more situations like this I would have to go through. So I want make myself aware about available options in every other situation. For me it is more to add on my knowledge.
4. Mr. Dinesh's points are very much acceptable specially the one which is about blaming labour law.
5. I would like to know if there is anything that I could have done to avoid this NO SHOW case. or what I can do if the same happens in future? May be some changes in matter of acceptance letter or any clause in offer letter, etc.
From India, Mumbai
1. I don't have any hard feelings for that candidate. He is not the only candidate and mine is not only company who have experienced this situation.
2. My main objective behind posting this is to make our recruitment, selection process better.
3. Somebody asked me "why bother if I don't want to take any legal action". Well the reason is; I am at initial phase in HR process and there will many more situations like this I would have to go through. So I want make myself aware about available options in every other situation. For me it is more to add on my knowledge.
4. Mr. Dinesh's points are very much acceptable specially the one which is about blaming labour law.
5. I would like to know if there is anything that I could have done to avoid this NO SHOW case. or what I can do if the same happens in future? May be some changes in matter of acceptance letter or any clause in offer letter, etc.
From India, Mumbai
Dear Swati,
" There are so many slips between the cup & the lips". Employer & employee both are human phenomenon and as such situation and circumstances remain changes. Employer tries to bind the employee and employee wants to bind the employer and in this "KASH-AM-KASH" sometimes each other finds themselves in trouble. Side by side one post is going on for highhandedness by employer which one employee facing even during first month of training which is not paid.
Thus, in my opinion, you can do your best but you can not make one rule to rigidly follow in this regard.
If you attach any condition in respect of joining, then experienced candidates will not give you in writing their acceptance unless the offer exceptionally acceptable.
OK
V K Gupta
From India, Panipat
" There are so many slips between the cup & the lips". Employer & employee both are human phenomenon and as such situation and circumstances remain changes. Employer tries to bind the employee and employee wants to bind the employer and in this "KASH-AM-KASH" sometimes each other finds themselves in trouble. Side by side one post is going on for highhandedness by employer which one employee facing even during first month of training which is not paid.
Thus, in my opinion, you can do your best but you can not make one rule to rigidly follow in this regard.
If you attach any condition in respect of joining, then experienced candidates will not give you in writing their acceptance unless the offer exceptionally acceptable.
OK
V K Gupta
From India, Panipat
Hello ,
I joined my current IT company overseas 1.5 years back on Indian Offer. I think my situation is bit complicated so describing below.
As usual, offer letter has following conditions under the clause Restrictive Covenant
1) For a period of two years after the employment You will not directly or indirectly solicit take up employment with any person, company during a period of two years
2) You shall not takeup employment employment directly or indirectly with such customers on behalf of yourself or any other firms or company
Apart from this,
They issued a deputation letter suggesting Your deputation for the execution of Order received from Customer A
There is one more condition under the clause Miscellanious in deputation letter:
While working on the assignment and for a period of two years after the completion of the assignment, you shall not take or do any business with customer without a written permission from the company.
Now coming to actual part:
There is a Customer B who gave project to CustomerA. Now Customer A outsourced some part of their work to my company.
I mean this is a sub-contracting work so though my client on deputation letter is Customer A actually I am working for the work given by Customer B
Now, I got a contract offer from Company C for the Customer B. Can i accept this contracting offer
There is no any other undertaking signed other than offer letter and deputation.
Please suggest what should be done?
Thanks in advance
From Australia, Perth
I joined my current IT company overseas 1.5 years back on Indian Offer. I think my situation is bit complicated so describing below.
As usual, offer letter has following conditions under the clause Restrictive Covenant
1) For a period of two years after the employment You will not directly or indirectly solicit take up employment with any person, company during a period of two years
2) You shall not takeup employment employment directly or indirectly with such customers on behalf of yourself or any other firms or company
Apart from this,
They issued a deputation letter suggesting Your deputation for the execution of Order received from Customer A
There is one more condition under the clause Miscellanious in deputation letter:
While working on the assignment and for a period of two years after the completion of the assignment, you shall not take or do any business with customer without a written permission from the company.
Now coming to actual part:
There is a Customer B who gave project to CustomerA. Now Customer A outsourced some part of their work to my company.
I mean this is a sub-contracting work so though my client on deputation letter is Customer A actually I am working for the work given by Customer B
Now, I got a contract offer from Company C for the Customer B. Can i accept this contracting offer
There is no any other undertaking signed other than offer letter and deputation.
Please suggest what should be done?
Thanks in advance
From Australia, Perth
Dear friends,
My view is that there is no locus standi for any labour law in this matter as there was no Employer-employee relationship established. If at all, it could be tried under the Indian Contract Act. It's a breach of a promise given but the outcome, it's any body's guess.
From India, Bangalore
My view is that there is no locus standi for any labour law in this matter as there was no Employer-employee relationship established. If at all, it could be tried under the Indian Contract Act. It's a breach of a promise given but the outcome, it's any body's guess.
From India, Bangalore
To my knowledge we cant take any action against the candidate who has given acceptance on offer letter, until unless we take joining report he was not deemed as our employee. Venkat
From India, Visakhapatnam
From India, Visakhapatnam
Dear Manjrekar,
Actually, many Organisations are suffering fro this type of irresponsible behaviors of Candidates.
If you are talking about upgradation of your Recruitment procedure, It will be batter to keep a candidate In que If possible as alternate.
Or, Immediate contact to the next best Candidate.
From India
Actually, many Organisations are suffering fro this type of irresponsible behaviors of Candidates.
If you are talking about upgradation of your Recruitment procedure, It will be batter to keep a candidate In que If possible as alternate.
Or, Immediate contact to the next best Candidate.
From India
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