dear all
we have a case of a candidate who was selected, given an offer letter and accepted by the candidate.
the candidate however has not joined duty on the due date.
i wish to know the actions that an employer has to take in terms of terminating the services and in terms of any compensation due to / by the candidate.
hrpfl
From India, Chicalim
we have a case of a candidate who was selected, given an offer letter and accepted by the candidate.
the candidate however has not joined duty on the due date.
i wish to know the actions that an employer has to take in terms of terminating the services and in terms of any compensation due to / by the candidate.
hrpfl
From India, Chicalim
Hi,
Firstly, you need to see whether the candidate has been given the appointment letter or not ? In case, he's not been given it means that the candidate has not joined in the organization.
Offer letter is a letter which a company offers to a candidate at the time of selection and the candidate has full authority to accept or reject the same. He/She may even reject the same after accepting also. The organization, however, cannot force an employee on this.
Appointment letter is a letter which is been issued to a candidate at the time of his joining.
I hope it's clear.
Surabhi
From Germany, Frankfurt Am Main
9Firstly, you need to see whether the candidate has been given the appointment letter or not ? In case, he's not been given it means that the candidate has not joined in the organization.
Offer letter is a letter which a company offers to a candidate at the time of selection and the candidate has full authority to accept or reject the same. He/She may even reject the same after accepting also. The organization, however, cannot force an employee on this.
Appointment letter is a letter which is been issued to a candidate at the time of his joining.
I hope it's clear.
Surabhi
From Germany, Frankfurt Am Main
I agree with Surabhi 100% and wish i cud have agreed more!!!!
case wud be different in case he comes to join the services......and quit before appmnt letter is issued.....HR ppl do need to fulfill certain formalities like forms, induction, issue of computer/lappy.
well in your case hrpfl....its useless to take any action against such person....who knows his present employer matched your remunerations etc
Rgds
From India, Mumbai
case wud be different in case he comes to join the services......and quit before appmnt letter is issued.....HR ppl do need to fulfill certain formalities like forms, induction, issue of computer/lappy.
well in your case hrpfl....its useless to take any action against such person....who knows his present employer matched your remunerations etc
Rgds
From India, Mumbai
Agreed with Surbhi, Offer letter is what companies offer to the candidate but you can do some thing only if the company has issued the Appointment Letter and breachment of that document would be eligible for law suits.
But May i know, how many do have that much time to sue the candidates.
You can call and scold them for this unprofessiolism behaviour.
Also you must consider yourself as a lucky person that you didn't hired such a unprofessional person, leaving company after a month or two would be highly risky.
I believe you agreed to my above thoughts!
Thank you,
Brijesh Kumar
From India, New Delhi
But May i know, how many do have that much time to sue the candidates.
You can call and scold them for this unprofessiolism behaviour.
Also you must consider yourself as a lucky person that you didn't hired such a unprofessional person, leaving company after a month or two would be highly risky.
I believe you agreed to my above thoughts!
Thank you,
Brijesh Kumar
From India, New Delhi
Thanks HRPFL for the query.
I agree with the views expressed about the legality, ethics, and the cost involved in enforcing the contract, as the candidate has accepted the offer. Also do not forget the bad publicity that would be generated.
Please also refer to the following sites
https://www.citehr.com/36473-appoint...er-letter.html
http://answers.yahoo.com/question/in...7011756AAy6kDx
https://www.citehr.com/86759-hr-work...nt-letter.html
Have a nice day.
Simhan
From United Kingdom
I agree with the views expressed about the legality, ethics, and the cost involved in enforcing the contract, as the candidate has accepted the offer. Also do not forget the bad publicity that would be generated.
Please also refer to the following sites
https://www.citehr.com/36473-appoint...er-letter.html
http://answers.yahoo.com/question/in...7011756AAy6kDx
https://www.citehr.com/86759-hr-work...nt-letter.html
Have a nice day.
Simhan
From United Kingdom
Dear
An Offer letter is still an offer unless it is accepted on which emerges a Contract,again it is subject to joining duty & if the person does not join on the stated date & if Management needs the person the joining date can be extended conditionally.Otherwise there is no enforceable Contract on both sides.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
An Offer letter is still an offer unless it is accepted on which emerges a Contract,again it is subject to joining duty & if the person does not join on the stated date & if Management needs the person the joining date can be extended conditionally.Otherwise there is no enforceable Contract on both sides.
With Regards
V.Sounder Rajan
E-mail :
From India, Bangalore
Hello,
What was issued and accepted by the candidate was "an offer letter" which also indicated a date of joining. But unless the Letter of Appointment is issued, the employer-employee relationship has not commenced. Regrettably you cannot proceed against a non-employee for a breach of contract which is non-existent anyway!
For good orders' sake the employer to be must first and foremost withdraw the offer letter and then blacklist the candidate and then forget about the matter as proceeding against the candidate legally will not justify cost-benefit analysis. And we are not in industry to "teach lessons to people who are not our employees". Even those whoe are our employees and they misbehave I would recommend a systematic and graduated approach.
Surabhi's recommendation is correct and I am only adding on the logical justification to the proposed action of not employing the candidate anyway!
Regards
samvedan
September 14, 2008
-----------------------------
From India, Pune
What was issued and accepted by the candidate was "an offer letter" which also indicated a date of joining. But unless the Letter of Appointment is issued, the employer-employee relationship has not commenced. Regrettably you cannot proceed against a non-employee for a breach of contract which is non-existent anyway!
For good orders' sake the employer to be must first and foremost withdraw the offer letter and then blacklist the candidate and then forget about the matter as proceeding against the candidate legally will not justify cost-benefit analysis. And we are not in industry to "teach lessons to people who are not our employees". Even those whoe are our employees and they misbehave I would recommend a systematic and graduated approach.
Surabhi's recommendation is correct and I am only adding on the logical justification to the proposed action of not employing the candidate anyway!
Regards
samvedan
September 14, 2008
-----------------------------
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc