Hello,
I came across a situation where we selected a candidate, offered him a job, and he accepted the offer. We also had him sign an acceptance letter confirming his acceptance of our offer. Following our mutual discussion, we gave him a two-week period to join. However, on the scheduled day of joining, he expressed his unwillingness to join our company.
We currently possess his acceptance letter and offer letter, both of which clearly indicate his acceptance of our offer. With this documentation in hand, are we able to take any legal actions against this candidate in this scenario?
Experts, please share your insights.
From India, Mumbai
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I came across a situation where we selected a candidate, offered him a job, and he accepted the offer. We also had him sign an acceptance letter confirming his acceptance of our offer. Following our mutual discussion, we gave him a two-week period to join. However, on the scheduled day of joining, he expressed his unwillingness to join our company.
We currently possess his acceptance letter and offer letter, both of which clearly indicate his acceptance of our offer. With this documentation in hand, are we able to take any legal actions against this candidate in this scenario?
Experts, please share your insights.
From India, Mumbai
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Dear Swati,
To give a proper opinion, we need a little more information. Please confirm the contents of your offer letter. You may delete the candidate's name.
Secondly, acceptance of the "Offer Letter" does not establish an employer-employee relationship. Therefore, on what grounds can you sue the candidate? A breach of agreement would have occurred only if you had given him the appointment letter confirming his future date of appointment. However, all these are surmises, and the 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 than candidates who fulfill the qualifying requirements in all respects. Yes, "no-shows" throw the company's planning into disarray. But then, for every business, there is a downside, and this is no exception.
Thanks,
Dinesh V Divekar
From India, Bangalore
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8227To give a proper opinion, we need a little more information. Please confirm the contents of your offer letter. You may delete the candidate's name.
Secondly, acceptance of the "Offer Letter" does not establish an employer-employee relationship. Therefore, on what grounds can you sue the candidate? A breach of agreement would have occurred only if you had given him the appointment letter confirming his future date of appointment. However, all these are surmises, and the 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 than candidates who fulfill the qualifying requirements in all respects. Yes, "no-shows" throw the company's planning into disarray. But then, for every business, there is a downside, and this is no exception.
Thanks,
Dinesh V Divekar
From India, Bangalore
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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
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But is litigation worth it??
From United Kingdom
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Thank you, Dinesh, for the prompt reply.
Following is the content of the acceptance letter:
Dear [Recipient's Name],
I am writing to confirm my acceptance of your employment offer for (date) as (designation) and to express my excitement about joining (company name). The work aligns perfectly with my aspirations and I am confident that I can make a significant contribution to the corporation. I am truly grateful for this opportunity you have extended to me.
As discussed, I will report to work at (time) on (date).
I am looking forward to collaborating with you and your esteemed team. Your confidence in me is greatly appreciated, and I am thrilled to become a part of your organization.
Sincerely,
[Candidate's Name]
Also, I want to clarify that we do not intend to take any legal action, but I would like to know if there are any available options or not.
From India, Mumbai
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Following is the content of the acceptance letter:
Dear [Recipient's Name],
I am writing to confirm my acceptance of your employment offer for (date) as (designation) and to express my excitement about joining (company name). The work aligns perfectly with my aspirations and I am confident that I can make a significant contribution to the corporation. I am truly grateful for this opportunity you have extended to me.
As discussed, I will report to work at (time) on (date).
I am looking forward to collaborating with you and your esteemed team. Your confidence in me is greatly appreciated, and I am thrilled to become a part of your organization.
Sincerely,
[Candidate's Name]
Also, I want to clarify that we do not intend to take any legal action, but I would like to know if there are any available options or not.
From India, Mumbai
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why do you want to go behind a person who is not interested in your company? why do you waste time on this issue? better look for suitable candidate. Pon
From India, Lucknow
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From India, Lucknow
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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
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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
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Hello Swati,
As mentioned by you, you want to take legal action against him/her because of the offer letter acceptance by him/her. What if, in another condition, when you (employer) refuse to take the candidate after giving an offer letter, your company is ready to pay compensation to that employee?
Many organizations are hiring candidates from the campus and issuing offer letters. However, after a few days, the company's HR informs the candidate that due to problems, they will not hire them. They are not providing any compensation, and the employee is unable to take any legal action. It is essential to maintain transparency and integrity during the interview process to ensure that employees have confidence in joining your organization.
Thank you.
Regards,
Ashish
From India, Pune
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As mentioned by you, you want to take legal action against him/her because of the offer letter acceptance by him/her. What if, in another condition, when you (employer) refuse to take the candidate after giving an offer letter, your company is ready to pay compensation to that employee?
Many organizations are hiring candidates from the campus and issuing offer letters. However, after a few days, the company's HR informs the candidate that due to problems, they will not hire them. They are not providing any compensation, and the employee is unable to take any legal action. It is essential to maintain transparency and integrity during the interview process to ensure that employees have confidence in joining your organization.
Thank you.
Regards,
Ashish
From India, Pune
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Dear All,
I agree with the views expressed above, but I wish to specify what condition is attached to an 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 a candidate fails to report for duty, the offer/appointment 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 a 'NO SHOW' case. To avoid such incidents, a panel of candidates is prepared, and a chance is given to the next candidate in merit. I think until the joining of the candidate, both the employee and employer are free, and after joining, the agreement (appointment/offer letter) becomes enforceable.
Rgds,
V K Gupta
From India, Panipat
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I agree with the views expressed above, but I wish to specify what condition is attached to an 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 a candidate fails to report for duty, the offer/appointment 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 a 'NO SHOW' case. To avoid such incidents, a panel of candidates is prepared, and a chance is given to the next candidate in merit. I think until the joining of the candidate, both the employee and employer are free, and after joining, the agreement (appointment/offer letter) becomes enforceable.
Rgds,
V K Gupta
From India, Panipat
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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
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Somya Kashyap
From India
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Hi,
To my knowledge, there is no provision in law to take action against an 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 until a candidate comes on board. So, no legal action can be initiated.
Though not related to this topic, I want to mention something else as well. In BPOs, at least 5% of candidates quit within 1 or 2 months, without even submitting a resignation letter. They are considered as Absconders. In a lot of organizations, due to the volume of work, the HR doesn'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. The termination email needs 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 the 5th day. It is indiscipline. Still, as per the 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 the offer letter itself.
From India, Chennai
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To my knowledge, there is no provision in law to take action against an 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 until a candidate comes on board. So, no legal action can be initiated.
Though not related to this topic, I want to mention something else as well. In BPOs, at least 5% of candidates quit within 1 or 2 months, without even submitting a resignation letter. They are considered as Absconders. In a lot of organizations, due to the volume of work, the HR doesn'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. The termination email needs 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 the 5th day. It is indiscipline. Still, as per the 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 the offer letter itself.
From India, Chennai
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