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Anonymous
Hello everyone,

Please guide me in formatting an Appointment Letter wherein the clause mentions that within a 2-month tenure, either the employer or the selected candidate can turn down the job offer as of the date when the job offer is released from the employer to the candidate, considering the candidate's notice period of 2 months.

Thank you.

From India, Faridabad
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rkn61
699

Please send a format of your company’s Appointment letter (draft copy).
From India, Aizawl
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Dear Sir, PFA .Appointment Letter Regards, Monica Khanna
From India, Faridabad
Attached Files (Download Requires Membership)
File Type: docx Appointment Letter Format.docx (23.9 KB, 1191 views)

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rkn61
699

Gone through the format. It is observed that no concrete clause on Separation. During probation, one weeks notice period is mentioned. But what about, resignation after confirmation? No notice period.???.
Your objective is people should not leave organization within 2 months from their date of joining (or) Company should not terminate an employee within 2 months from the date of joining of employee.
Following modification is suggested:-
1. Notice of termination: -
By employee
During probation period, you shall be giving one month’s notice period/salary in lieu of notice period to the company. Upon confirmation, you shall be giving three months’ notice period or salary in lieu of notice period, to the Company.
By company:-
During probation period, company can terminate your services by giving one month’s salary. Upon confirmation, company can terminate your services by giving three months’ salary .

From India, Aizawl
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Anonymous
Dear Sir,

From my end, I suppose I didn't clearly convey what I meant. The employee has not yet joined our organization. He will join our company after 2 months (April 2021), but we are issuing him an appointment letter well in advance. We are looking to add a clause that states if we appoint another candidate who can join us immediately, we reserve the right to retract this job offer from the candidate scheduled to join us in April 2021. Similarly, if the candidate's current company does not release him, he also has the option to withdraw from this job offer. Both the company and the candidate should communicate with each other before April 2021.

Thank you.

Regards

From India, Faridabad
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rkn61
699

Dear Anonymous,

For a person who shall be joining your company in April 2021, why do you want to release an appointment letter now itself? There is every possibility that he may consider other offers from reputable companies. It would be better to issue a selection confirmation letter now, advising him to join in April 2021 without mentioning the remuneration details, and to obtain his acceptance. Upon his joining the company, you can then issue the Offer of Appointment letter.

From India, Aizawl
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Dear ANONYMOUS,

I would suggest that you hire someone who can join your company as per your required timeline. Keeping the clause, "if in case we appoint another candidate and if that candidate can join us on an immediate basis, then we can pull back this job offer from the candidate who will join us in April 2021," I believe is inaccurate, and no candidate would accept your job offer because their employment would be at risk.

If you hire someone else immediately and the person who wants to join you after two months resigns from their current job, they will be left with no job in the end.

From India, Gurgaon
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Dear,

I think there is no need to send an appointment letter before joining. Send him the offer letter and obtain acceptance from him. If you include such a clause, the employee may not accept this condition because it is very risky for him.

If you require an immediate joiner, please first search and fulfill your requirement.

From India, Noida
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