Hi Seniors,
Our company interviewed and selected a candidate on 16th Nov 2012 as a Software Engineer, who was supposed to join us on 19th of Nov 2012. This candidate was previously working with another company. On the 19th itself, the candidate came and requested to provide him the appointment letter so that he can show it to his previous company and get the relieving letter from them. Also, he wants to take this Appointment letter to his family temple for Pooja and also said that he will officially join by 21st Nov 2012.
I spoke to my manager, and he approved it, and we gave the Appointment letter to this candidate. The candidate immediately left the office after getting the appointment Letter.
I tried contacting him on the 21st when he didn't come and got the reply that his family temple Swamy said that Wednesday (that is the 21st) is not an auspicious day, so he will join on the 22nd.
Again on the 22nd, I called, and he gave the response that his grandmother is not keeping well, so he is going to his hometown.
Till Date, he has not joined us, and today again, I called him for final confirmation, so he said that he needs 2 more days, and he will join by next week.
I informed this to my manager, and he told me to inform the candidate that his job offer is canceled, and we are appointing a new person in his place.
Should I simply inform the candidate about canceling his offer (as my manager said), or do I need to legally inform him about the same?
My query is what exactly is the actual procedure or measures to be taken in such a situation?
Please advise.
From India, Trivandrum
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1Our company interviewed and selected a candidate on 16th Nov 2012 as a Software Engineer, who was supposed to join us on 19th of Nov 2012. This candidate was previously working with another company. On the 19th itself, the candidate came and requested to provide him the appointment letter so that he can show it to his previous company and get the relieving letter from them. Also, he wants to take this Appointment letter to his family temple for Pooja and also said that he will officially join by 21st Nov 2012.
I spoke to my manager, and he approved it, and we gave the Appointment letter to this candidate. The candidate immediately left the office after getting the appointment Letter.
I tried contacting him on the 21st when he didn't come and got the reply that his family temple Swamy said that Wednesday (that is the 21st) is not an auspicious day, so he will join on the 22nd.
Again on the 22nd, I called, and he gave the response that his grandmother is not keeping well, so he is going to his hometown.
Till Date, he has not joined us, and today again, I called him for final confirmation, so he said that he needs 2 more days, and he will join by next week.
I informed this to my manager, and he told me to inform the candidate that his job offer is canceled, and we are appointing a new person in his place.
Should I simply inform the candidate about canceling his offer (as my manager said), or do I need to legally inform him about the same?
My query is what exactly is the actual procedure or measures to be taken in such a situation?
Please advise.
From India, Trivandrum
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Dear Karthik,
It seems that after taking the appointment letter from your company, he showed the same to his previous company, and maybe he got a salary hike from his previous company. This is a trick that is used to get an increment in his previous company. Otherwise, getting a relieving letter after showing the appointment letter doesn't make sense. He can get the relieving letter on the basis of his resignation letter also.
Just send him an email stating that if he does not join our company within 2 days (or whatever your company decides) of this email, then the appointment letter/offer letter dated..........., will be treated as canceled. You can also include this in your company policies for future reference.
Thank you.
From India, New Delhi
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It seems that after taking the appointment letter from your company, he showed the same to his previous company, and maybe he got a salary hike from his previous company. This is a trick that is used to get an increment in his previous company. Otherwise, getting a relieving letter after showing the appointment letter doesn't make sense. He can get the relieving letter on the basis of his resignation letter also.
Just send him an email stating that if he does not join our company within 2 days (or whatever your company decides) of this email, then the appointment letter/offer letter dated..........., will be treated as canceled. You can also include this in your company policies for future reference.
Thank you.
From India, New Delhi
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Hi Karthik,
As rightly stated by Bhawana, you could send him an email stating that his offer is cancelled. Karthik, it is a very common practice for a candidate to ask for an offer letter, and they use it not only to negotiate with their current organization but also with new companies.
This candidate is taking you for a ride. Remember, before joining, he is already causing you so much trouble. Just think about what he will do once he joins. It seems he has lots of other priorities besides taking up the job, so let him continue with his priorities. You are an emotional person, so you feel bad, but be practical, or you will be busy dealing with these kinds of people who will take advantage of you.
Regards,
Anita
From India, Mumbai
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As rightly stated by Bhawana, you could send him an email stating that his offer is cancelled. Karthik, it is a very common practice for a candidate to ask for an offer letter, and they use it not only to negotiate with their current organization but also with new companies.
This candidate is taking you for a ride. Remember, before joining, he is already causing you so much trouble. Just think about what he will do once he joins. It seems he has lots of other priorities besides taking up the job, so let him continue with his priorities. You are an emotional person, so you feel bad, but be practical, or you will be busy dealing with these kinds of people who will take advantage of you.
Regards,
Anita
From India, Mumbai
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(Fact Checked)-The user's reply is correct. It provides practical advice on handling the situation with the candidate effectively. (1 Acknowledge point)
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Hello everyone,
This may shock some of you, but I know of a company that insists on a security deposit whenever they issue offer letters. This security deposit cheque is a post-dated cheque that is not deposited in the bank. The date of the cheque is about 3-4 days later than the expected date of appointment. If a candidate does not join on the promised date, the security cheque is deposited in the bank.
Regards,
Kalpana Iyer
From India, Pune
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This may shock some of you, but I know of a company that insists on a security deposit whenever they issue offer letters. This security deposit cheque is a post-dated cheque that is not deposited in the bank. The date of the cheque is about 3-4 days later than the expected date of appointment. If a candidate does not join on the promised date, the security cheque is deposited in the bank.
Regards,
Kalpana Iyer
From India, Pune
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(Fact Check Failed/Partial)-The user's reply is incorrect. There are no legal provisions or best practices supporting the concept of a security deposit for issuing offer letters. It is not a common or recommended practice in employment scenarios.
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Thank you all for the response. But I have already called him almost every day regarding the joining, and last Saturday (24/11/2012), I had called him for final confirmation. He said that he will definitely be joining by Monday (which was yesterday, 27 Nov).
Is it necessary for me to send a confirmation email again asking the same? Looking forward.
From India, Trivandrum
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Is it necessary for me to send a confirmation email again asking the same? Looking forward.
From India, Trivandrum
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(Fact Check Failed/Partial)-The user reply is incorrect.
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Hi,
If this candidate has never joined you on the stated date of employment in the appointment letter and is not responding accordingly even after your numerous confirmations, a notification letter needs to be issued stating that his employment is being canceled due to this reason. The reasons he has provided, such as his family temple not allowing him to join on the date as stated in the appointment letter, are not acceptable on professional terms. As he has not joined until today, you have every right to cancel his employment.
Secondly, you may follow the well-defined procedures and suggestions provided by Ms. Bhawana and incorporate such terms into your policies.
Thank you.
From India, Gurgaon
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If this candidate has never joined you on the stated date of employment in the appointment letter and is not responding accordingly even after your numerous confirmations, a notification letter needs to be issued stating that his employment is being canceled due to this reason. The reasons he has provided, such as his family temple not allowing him to join on the date as stated in the appointment letter, are not acceptable on professional terms. As he has not joined until today, you have every right to cancel his employment.
Secondly, you may follow the well-defined procedures and suggestions provided by Ms. Bhawana and incorporate such terms into your policies.
Thank you.
From India, Gurgaon
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(Fact Checked)-The user's reply is partially correct regarding the need to formally cancel the employment due to the candidate's non-joining. However, it's essential to follow the legal procedures for such situations. (1 Acknowledge point)
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Hi Karthik,
The issue I see here is the Appointment Letter which you had given him. An offer can stand invalid depending on some clauses mentioned. However, an Appointment Letter will be issued only on the day when an employee joins the organization.
Your case is different; you have issued an appointment letter before a candidate's joining date. An offer is just a letter of intent wherein the organization promises a candidate employment based on certain attributes. What I want to know is if there are any special clauses added in the appointment letter. There should be a joining date and some clauses governing it.
Is it possible to post the main body of the matter, which would help us to comment in a better way? However, you can send him an official communication stating that the offer stands withdrawn if xxxxxxxx does not join on xx xx 2012. It would be better if you could help us know more about the clauses added in the issued letter.
From India, Bangalore
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The issue I see here is the Appointment Letter which you had given him. An offer can stand invalid depending on some clauses mentioned. However, an Appointment Letter will be issued only on the day when an employee joins the organization.
Your case is different; you have issued an appointment letter before a candidate's joining date. An offer is just a letter of intent wherein the organization promises a candidate employment based on certain attributes. What I want to know is if there are any special clauses added in the appointment letter. There should be a joining date and some clauses governing it.
Is it possible to post the main body of the matter, which would help us to comment in a better way? However, you can send him an official communication stating that the offer stands withdrawn if xxxxxxxx does not join on xx xx 2012. It would be better if you could help us know more about the clauses added in the issued letter.
From India, Bangalore
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. An appointment letter can be issued before a candidate's joining date, and it is a legally binding document. The key is to have clear terms and conditions in the appointment letter. It is not necessary for an appointment letter to be issued only on the joining date.
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Hi Mahesh,
Thanks for the response. We have not issued the appointment letter before the candidate's joining. The candidate was supposed to join on 19 Nov, and he came on that day itself to join. However, he said that he would officially start working on the 21st after taking care of matters with the previous employer and the temple. Ultimately, he didn't come after that.
From India, Trivandrum
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Thanks for the response. We have not issued the appointment letter before the candidate's joining. The candidate was supposed to join on 19 Nov, and he came on that day itself to join. However, he said that he would officially start working on the 21st after taking care of matters with the previous employer and the temple. Ultimately, he didn't come after that.
From India, Trivandrum
Acknowledge(0)Amend(0)From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply is incorrect. It is important to follow legal protocols in such situations. Sending a formal communication about the cancellation of the job offer is necessary to ensure clarity and compliance with labor laws.
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This type of behavior is observed in certain cases. Candidates always try to encash the opportunity and are seen bargaining with their existing employer. It is always better to issue a Letter of Intent (LOI) at the time of selection and send the appointment letter only after the candidate joins the company (on the same day or within 1-2 days of joining).
In this particular case, if an LOI is issued to the candidate, you can send them written communication providing a brief history of the situation and informing them of the management's decision to cancel the appointment letter that was issued to them.
From India, Mumbai
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In this particular case, if an LOI is issued to the candidate, you can send them written communication providing a brief history of the situation and informing them of the management's decision to cancel the appointment letter that was issued to them.
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is partially correct. While it is advisable to issue a Letter of Intent (LOI) before the appointment letter, there are legal aspects to consider. As the candidate was issued an appointment letter, proper communication of cancellation is essential. It's crucial to follow legal procedures to avoid potential repercussions.
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(Fact Check Failed/Partial)-The user reply contains incorrect information. An employee cannot simply obtain a salary hike by showing an appointment letter. It is essential to follow the legal procedures regarding job offers and cancellations.