Dear Swathi,
You stated, "Also, I want to clarify 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?
Thank you.
From United Kingdom
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1639You stated, "Also, I want to clarify 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?
Thank you.
From United Kingdom
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Thank you all for your replies. As I specified earlier, we do not wish to take any legal action, but I am treating this as a case study. I was curious to know whether there is any provision for such situations.
My key learning is that you can't do anything in NO SHOW cases. As rightly pointed out by a few members, our laws seem to be more biased toward employees. It's sad but true.
From India, Mumbai
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My key learning is that you can't do anything in NO SHOW cases. As rightly pointed out by a few members, our laws seem to be more biased toward employees. It's sad but true.
From India, Mumbai
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Dear Swati and others,
The discussion was on available legal options for "no show" by the job candidate. Why bring labor laws in between, take sides, and start accusing of 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-issuance of employment certificates, and so on. How do employers muster the courage to do all this? Obviously, the weak implementation of laws favors 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 "labor laws" for their poor drafting skills. "No show" by a job candidate is not today's affair. It has been happening for a decade or so. Why then were precautionary measures 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, the number of rounds of selection, who took the interviews, and the competence of the interviewers, etc.? Nobody knows. Then why jump guns and train them on labor laws? Let us not sweep managerial weaknesses under the carpet of labor laws. This habit will take us nowhere.
My above post may sound as if I were some labor union leader. No way. My only point is on skirting around the issue and nothing else.
Thanks,
Dinesh V Divekar
From India, Bangalore
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The discussion was on available legal options for "no show" by the job candidate. Why bring labor laws in between, take sides, and start accusing of 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-issuance of employment certificates, and so on. How do employers muster the courage to do all this? Obviously, the weak implementation of laws favors 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 "labor laws" for their poor drafting skills. "No show" by a job candidate is not today's affair. It has been happening for a decade or so. Why then were precautionary measures 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, the number of rounds of selection, who took the interviews, and the competence of the interviewers, etc.? Nobody knows. Then why jump guns and train them on labor laws? Let us not sweep managerial weaknesses under the carpet of labor laws. This habit will take us nowhere.
My above post may sound as if I were some labor union leader. No way. My only point is on skirting around the issue and nothing else.
Thanks,
Dinesh V Divekar
From India, Bangalore
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Dear Manjerakar,
I can understand how you are feeling. You collected resumes from various sources, shortlisted them, arranged interviews, selected that candidate by refusing others, and gave an offer with the hope that the employee would join and assist the organization. And at last, you received a negative reply from the candidate you had selected. You must have invested a lot of time and energy in this process, which unfortunately did not yield the desired results.
I'm sorry to inform you that there is no law that can take action against the candidate. Regardless of whether that candidate decides to join or not, please consider writing a letter to him addressing the problems you and your organization are facing due to his decision and requesting him not to repeat the same with any other organization.
Generally, candidates of this type do not progress as good professionals.
Kind regards,
[Your Name]
From India
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I can understand how you are feeling. You collected resumes from various sources, shortlisted them, arranged interviews, selected that candidate by refusing others, and gave an offer with the hope that the employee would join and assist the organization. And at last, you received a negative reply from the candidate you had selected. You must have invested a lot of time and energy in this process, which unfortunately did not yield the desired results.
I'm sorry to inform you that there is no law that can take action against the candidate. Regardless of whether that candidate decides to join or not, please consider writing a letter to him addressing the problems you and your organization are facing due to his decision and requesting him not to repeat the same with any other organization.
Generally, candidates of this type do not progress as good professionals.
Kind regards,
[Your Name]
From India
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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 the only company that has experienced this situation.
2. My main objective behind posting this is to make our recruitment and 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 an initial phase in the HR process, and there will be many more situations like this that I will have to go through. So, I want to make myself aware of the available options in every other situation. For me, it is more to add to my knowledge.
4. Mr. Dinesh's points are very much acceptable, especially the one about blaming labor 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 the future. Maybe some changes in the matter of the acceptance letter or any clause in the offer letter, etc.
From India, Mumbai
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1. I don't have any hard feelings for that candidate. He is not the only candidate, and mine is not the only company that has experienced this situation.
2. My main objective behind posting this is to make our recruitment and 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 an initial phase in the HR process, and there will be many more situations like this that I will have to go through. So, I want to make myself aware of the available options in every other situation. For me, it is more to add to my knowledge.
4. Mr. Dinesh's points are very much acceptable, especially the one about blaming labor 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 the future. Maybe some changes in the matter of the acceptance letter or any clause in the offer letter, etc.
From India, Mumbai
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Dear Swati,
"There are so many slips between the cup and the lips." Employer and employee both are human phenomena, and as such, situations and circumstances frequently change. Employers try to bind employees, and employees want to bind employers, creating a delicate balance where they sometimes find themselves in trouble. Simultaneously, there is an issue of highhandedness by the employer towards an employee even during the first month of training, which is unpaid.
Thus, in my opinion, you can do your best, but you cannot create one rule to rigidly follow in this regard. If you impose any conditions for joining, experienced candidates may hesitate to provide written acceptance unless the offer is exceptionally acceptable.
OK
V K Gupta
From India, Panipat
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"There are so many slips between the cup and the lips." Employer and employee both are human phenomena, and as such, situations and circumstances frequently change. Employers try to bind employees, and employees want to bind employers, creating a delicate balance where they sometimes find themselves in trouble. Simultaneously, there is an issue of highhandedness by the employer towards an employee even during the first month of training, which is unpaid.
Thus, in my opinion, you can do your best, but you cannot create one rule to rigidly follow in this regard. If you impose any conditions for joining, experienced candidates may hesitate to provide written acceptance unless the offer is exceptionally acceptable.
OK
V K Gupta
From India, Panipat
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Hello,
I joined my current IT company overseas 1.5 years back on an Indian Offer. I think my situation is a bit complicated, so I am describing it below.
As usual, the offer letter has the following conditions under the clause Restrictive Covenant:
1) For a period of two years after the employment, you will not directly or indirectly solicit or take up employment with any person or company during this period.
2) You shall not take up 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 an order received from Customer A.
There is one more condition under the clause Miscellaneous in the 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 customers without written permission from the company.
Now, coming to the actual part:
There is Customer B who gave a project to Customer A. Customer A outsourced some part of their work to my company. This is subcontracting work, so even though my client on the deputation letter is Customer A, I am actually working on the work given by Customer B.
Now, I have received a contract offer from Company C for Customer B. Can I accept this contract offer?
There is no other undertaking signed other than the offer letter and deputation.
Please suggest what should be done.
Thanks in advance.
From Australia, Perth
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I joined my current IT company overseas 1.5 years back on an Indian Offer. I think my situation is a bit complicated, so I am describing it below.
As usual, the offer letter has the following conditions under the clause Restrictive Covenant:
1) For a period of two years after the employment, you will not directly or indirectly solicit or take up employment with any person or company during this period.
2) You shall not take up 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 an order received from Customer A.
There is one more condition under the clause Miscellaneous in the 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 customers without written permission from the company.
Now, coming to the actual part:
There is Customer B who gave a project to Customer A. Customer A outsourced some part of their work to my company. This is subcontracting work, so even though my client on the deputation letter is Customer A, I am actually working on the work given by Customer B.
Now, I have received a contract offer from Company C for Customer B. Can I accept this contract offer?
There is no other undertaking signed other than the offer letter and deputation.
Please suggest what should be done.
Thanks in advance.
From Australia, Perth
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Dear friends,
My view is that there is no locus standi for any labor 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 anybody's guess.
From India, Bangalore
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My view is that there is no locus standi for any labor 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 anybody's guess.
From India, Bangalore
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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
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From India, Visakhapatnam
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Dear Manjrekar,
Actually, many organizations are suffering from this type of irresponsible behavior of candidates. If you are talking about upgrading your recruitment procedure, it will be better to keep a candidate in queue if possible as an alternative.
Or, immediately contact the next best candidate.
From India
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Actually, many organizations are suffering from this type of irresponsible behavior of candidates. If you are talking about upgrading your recruitment procedure, it will be better to keep a candidate in queue if possible as an alternative.
Or, immediately contact the next best candidate.
From India
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