Hi,
JPMC offered me an offer letter, and later I asked them if I could take leave in case I am getting married. I informed HR that I may be getting married, and for this reason, they have rejected my offer. Can I take legal action against them? Please advise me.
From India, Bangalore
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JPMC offered me an offer letter, and later I asked them if I could take leave in case I am getting married. I informed HR that I may be getting married, and for this reason, they have rejected my offer. Can I take legal action against them? Please advise me.
From India, Bangalore
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Dear Shrimani,
Your case needs to be handled under the provisions of the Indian Contract Act (ICA), 1872. Since you are/were not an employee, it cannot come under the purview of labor laws.
Under the provisions of the ICA, an appointment letter is a contract between the employer and the employee. However, you were issued an offer letter and not an appointment letter. Therefore, the contract between the two parties was not legally established. Nevertheless, the offer letter is provided to enter into the main agreement. Should it also be construed as a contract? The answer depends on how the court interprets the law.
Section 4 of the ICA, 1872 deals extensively with the acceptance of an offer, whereas Section 5 deals with the revocation of the offer. The primary consideration is whether you had accepted the offer letter, how you accepted it, when the other party came to know about the acceptance of the offer, and after what time span the other party revoked it. Did you suffer any financial losses because of the revocation of the contract? If yes, do you have evidence?
I recommend you approach a lawyer who handles cases under the ICA and explain your case. Do not approach lawyers who handle labor cases.
Thanks,
Dinesh Divekar
From India, Bangalore
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8032Your case needs to be handled under the provisions of the Indian Contract Act (ICA), 1872. Since you are/were not an employee, it cannot come under the purview of labor laws.
Under the provisions of the ICA, an appointment letter is a contract between the employer and the employee. However, you were issued an offer letter and not an appointment letter. Therefore, the contract between the two parties was not legally established. Nevertheless, the offer letter is provided to enter into the main agreement. Should it also be construed as a contract? The answer depends on how the court interprets the law.
Section 4 of the ICA, 1872 deals extensively with the acceptance of an offer, whereas Section 5 deals with the revocation of the offer. The primary consideration is whether you had accepted the offer letter, how you accepted it, when the other party came to know about the acceptance of the offer, and after what time span the other party revoked it. Did you suffer any financial losses because of the revocation of the contract? If yes, do you have evidence?
I recommend you approach a lawyer who handles cases under the ICA and explain your case. Do not approach lawyers who handle labor cases.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thank you so much for your reply. I was eagerly waiting to discuss this matter.
I have bought out my notice period by paying Rs. 25,000.00. I have debts to clear, and this situation may also affect my CIBIL rating.
I have responsibilities and commitments, and I am badly in need of this job. Therefore, there will definitely be a financial loss.
From India, Bangalore
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I have bought out my notice period by paying Rs. 25,000.00. I have debts to clear, and this situation may also affect my CIBIL rating.
I have responsibilities and commitments, and I am badly in need of this job. Therefore, there will definitely be a financial loss.
From India, Bangalore
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Yes, I accepted the offer letter, and later I informed HR that I may get married. For this reason, they rejected me. On September 22nd, I completed my notice period in the previous organization, and on September 24th, they sent a rejection email.
From India, Bangalore
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From India, Bangalore
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Dear Shrimani, At this stage, you may send a lawyer’s notice. Let us see whether better sense prevails in other party. Else the route of litigation always exists. Thanks, Dinesh Divekar
From India, Bangalore
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From India, Bangalore
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There is an Offer Letter, and the same is accepted by the prospective employee by sending a duplicate copy to the new company. Rejection after the acceptance of the Offer letter has put the prospective employee into financial loss as she has resigned and been relieved from the previous employer. HR must be extra careful and sensitive before issuing the Offer letter itself not to put the other party into jeopardy and avoid such harassment, especially for women employees.
HR Consultant & Advocate,
HOSPET, BENGALURU 29.9.2016
Email: c.neyimkhan@gmail.com
From India, Mumbai
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HR Consultant & Advocate,
HOSPET, BENGALURU 29.9.2016
Email: c.neyimkhan@gmail.com
From India, Mumbai
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Simultaneously, please speak to your previous employer. If no one is hired as your replacement, then they can take you back. Why? Because even if you send a legal notice, it will be of no good to you. They may hire you for some period, and during the probation, they will fire you without giving any reason, as it will be one of the terms in their appointment letter. It's better to search for a job elsewhere or see if your previous company can take you back. Legal proceedings will take their own course of time. Apart from that, you will be wasting your time and money unnecessarily. This is purely my view; you are at liberty to consider the views of other forum members.
From India, Ahmadabad
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From India, Ahmadabad
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In India, this kind of scenario is too common. Usually, they do not prefer women over men, and if they select for any reason, then they must ask these questions:
1. When will you get married?
2. What are your future plans for a family?
I suggest you to just let go of this offer and search for another job. Kindly mention before an interview that you will be taking leaves for marriage so that afterwards, you won't face any adverse situation like you already have.
We have Glassdoor website where you can share your views about any company. You can write about your experience and this incident there.
I wish you all the best!
-Sneha
From India, Pune
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1. When will you get married?
2. What are your future plans for a family?
I suggest you to just let go of this offer and search for another job. Kindly mention before an interview that you will be taking leaves for marriage so that afterwards, you won't face any adverse situation like you already have.
We have Glassdoor website where you can share your views about any company. You can write about your experience and this incident there.
I wish you all the best!
-Sneha
From India, Pune
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