Hi Friends!!
I hope everyone of us at least once faced this kind of situation while doing recruitment. I have came across few times that the candidates accepting the offer letter, but not turned up on the joining date. I really wonder is this happening quite often in IT industry only , is there any possibility to avoid such scenarios. These might not affect a big range of org, but mid size organization might not afford giving two to three offer letters for single vacancy,&we do really wait for the candidate invests our whole trust, time and several other costs too..
Can i go legally against such candidates who accepts the offer and not turned up , i mean do we make any employment legal contract, kindly let me know.
If this is not the way to handle,i would oblige to learn some other ways from you.
Thanks in advance!!
Regards
Meghana
From India, Hyderabad
2I hope everyone of us at least once faced this kind of situation while doing recruitment. I have came across few times that the candidates accepting the offer letter, but not turned up on the joining date. I really wonder is this happening quite often in IT industry only , is there any possibility to avoid such scenarios. These might not affect a big range of org, but mid size organization might not afford giving two to three offer letters for single vacancy,&we do really wait for the candidate invests our whole trust, time and several other costs too..
Can i go legally against such candidates who accepts the offer and not turned up , i mean do we make any employment legal contract, kindly let me know.
If this is not the way to handle,i would oblige to learn some other ways from you.
Thanks in advance!!
Regards
Meghana
From India, Hyderabad
Though I can try to keep this simple but legally it is a complex problem.
Address Issue 1:- There are two documents Offer Letter and Appointment Letter.
This creates all the problems. By creating these two documents it looks like "Offer Letter" is an "Invitation To Offer" rather then an offer itself. As "Appointment Letter" is made final acceptance document and it looks like the offer made by employee is accepted by employer by appointing him. See Rookie v Dawson for difference in offer and invitation to offer.
Address Issue 2:- Loose Drafting of Offer Letters
Contracts create a "Jus in Personam" Rather then "Jus in Rem". So we can include any term not repugnant to Ind. Contract Act. So add a phrase in offer letter deeming it to be an offer rather then invitation to offer. Also state acceptance of this will be deemed to be contract.
See this for more Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
Address Issue 1:- There are two documents Offer Letter and Appointment Letter.
This creates all the problems. By creating these two documents it looks like "Offer Letter" is an "Invitation To Offer" rather then an offer itself. As "Appointment Letter" is made final acceptance document and it looks like the offer made by employee is accepted by employer by appointing him. See Rookie v Dawson for difference in offer and invitation to offer.
Address Issue 2:- Loose Drafting of Offer Letters
Contracts create a "Jus in Personam" Rather then "Jus in Rem". So we can include any term not repugnant to Ind. Contract Act. So add a phrase in offer letter deeming it to be an offer rather then invitation to offer. Also state acceptance of this will be deemed to be contract.
See this for more Indian Labour Laws & Shram Suvidha Simplified
From India, Kolkata
How can any one issue appointment letter in advance that too 1-3 months in advance? It is highly impossible. Even thought there is contract involved no employer can't force any employed as a bonded labour
@ Meghana
This is not only with IT industries. It is the same case with all the organisations and there are many shortlisted candidates and even they would have been offered the job opportunity where in there is no show finally. There may be genuine cases also where in the existing employer would have retained coz of his performance or dependence. But many cases will be like they may have multiple offers & who ever is offering the better pay & benefits they will join those organisations.
Your perception is absolutely wrong stating Small organisations will affected a lot & not large organisations. Every one will have the same problems & even they are facing such No Shows in larger way. Now a days coz of various reasons non of the organisations are having multiple offers for particular position.
Legally no one can address those issues but there are alternate ways wherein you can try & reduce the No Show cases using various techniques such as frequent follow-ups, giving clear details of the organisation, vision, mission etc while interview etc...
for more details you can reach me
From India, Bangalore
@ Meghana
This is not only with IT industries. It is the same case with all the organisations and there are many shortlisted candidates and even they would have been offered the job opportunity where in there is no show finally. There may be genuine cases also where in the existing employer would have retained coz of his performance or dependence. But many cases will be like they may have multiple offers & who ever is offering the better pay & benefits they will join those organisations.
Your perception is absolutely wrong stating Small organisations will affected a lot & not large organisations. Every one will have the same problems & even they are facing such No Shows in larger way. Now a days coz of various reasons non of the organisations are having multiple offers for particular position.
Legally no one can address those issues but there are alternate ways wherein you can try & reduce the No Show cases using various techniques such as frequent follow-ups, giving clear details of the organisation, vision, mission etc while interview etc...
for more details you can reach me
From India, Bangalore
Thanks to #Labour law index & #Jeevarathnam for your timely response.
I agree with your response, and already tried the other methods stated by Jeevarathnam (Like follow up's , etc..) hence i was posted this query for some more suggesrions or any new practices.
I would like to rephrase the offer letter as suggested by Labour law index. If it made any change, i will definitely update upon it:-)
Thank u once again for your immediate response!!
Thanks
Meghana
From India, Hyderabad
I agree with your response, and already tried the other methods stated by Jeevarathnam (Like follow up's , etc..) hence i was posted this query for some more suggesrions or any new practices.
I would like to rephrase the offer letter as suggested by Labour law index. If it made any change, i will definitely update upon it:-)
Thank u once again for your immediate response!!
Thanks
Meghana
From India, Hyderabad
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Offer letter.pdf
Sample Internship Offer Letter.doc
Offer acceptance letter.zip