Dear Experts,
We are a construction-based company from Bangalore. Recently, we offered a job to two candidates for one of our projects in another region, and they accepted the offer. Unfortunately, the client has terminated our services due to financial reasons. We hereby request you to please suggest to us how to revoke the offer to the employee as per the law. Kindly suggest the best practices.
Thank you.
From India, undefined
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We are a construction-based company from Bangalore. Recently, we offered a job to two candidates for one of our projects in another region, and they accepted the offer. Unfortunately, the client has terminated our services due to financial reasons. We hereby request you to please suggest to us how to revoke the offer to the employee as per the law. Kindly suggest the best practices.
Thank you.
From India, undefined
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Job offer letter, unlike Offer of Appointment, is not a legal document and the employer/Company can revoke citing the reason of cancellation of business project.
From India, Aizawl
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699From India, Aizawl
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This appears to be again concerning 'Lockdown' period, which is a unique development in the recent past. Courts have yet to pronounce pathbreaking judgments on such pleas.
However, there are certain moot points to be analyzed pertinent:
- You need to first read the terms of the offer letter. If it states they can withdraw at any time, then the candidate cannot do anything. If it does not, they can take legal action against the company. They can always say that they resigned based on the offer and gave acceptance & signed offer letter issued by the new company.
- The offer letter could be binding depending on how it is worded. I know that most offer letters are worded in such a way that one cannot take legal action.
You should consult an attorney to review the letter.
As this happened in India, you can sue the company and claim damages based on the loss you suffered towards:
a) Resigning the present job based on this offer letter.
b) Shifting of residence and related expenditure.
c) Money in lieu of the Notice period mentioned in the offer letter entitled therefore had they joined the company.
The exact course of action can be suggested only after going through the offer letter. You must seek the services of a Lawyer and proceed further.
If the withdrawal of the offer is based on some wrong information mentioned in resumes, which wasn't substantiated or BGV failed, etc., then they have no case. Normally, without a valid reason, companies do not withdraw offer letters, and that depends on action forthcoming from them.
From India, Bangalore
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However, there are certain moot points to be analyzed pertinent:
- You need to first read the terms of the offer letter. If it states they can withdraw at any time, then the candidate cannot do anything. If it does not, they can take legal action against the company. They can always say that they resigned based on the offer and gave acceptance & signed offer letter issued by the new company.
- The offer letter could be binding depending on how it is worded. I know that most offer letters are worded in such a way that one cannot take legal action.
You should consult an attorney to review the letter.
As this happened in India, you can sue the company and claim damages based on the loss you suffered towards:
a) Resigning the present job based on this offer letter.
b) Shifting of residence and related expenditure.
c) Money in lieu of the Notice period mentioned in the offer letter entitled therefore had they joined the company.
The exact course of action can be suggested only after going through the offer letter. You must seek the services of a Lawyer and proceed further.
If the withdrawal of the offer is based on some wrong information mentioned in resumes, which wasn't substantiated or BGV failed, etc., then they have no case. Normally, without a valid reason, companies do not withdraw offer letters, and that depends on action forthcoming from them.
From India, Bangalore
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Dear Sir,
Thank you for the valuable suggestions for our request. Here, I would like to inform you that we have not issued any appointment letter. Instead, we have sent an email to the candidates to report to the site on the specified date. However, the state (Tamil Nadu) where they are supposed to report has extended the lockdown until the end of the month.
Considering these circumstances, we need to inform employees about the revocation of the offer/appointment. If possible, could you guide us with a draft email to send to the employees that could assist us in this matter?
Regards,
Krishna Chaitanya
From India, undefined
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Thank you for the valuable suggestions for our request. Here, I would like to inform you that we have not issued any appointment letter. Instead, we have sent an email to the candidates to report to the site on the specified date. However, the state (Tamil Nadu) where they are supposed to report has extended the lockdown until the end of the month.
Considering these circumstances, we need to inform employees about the revocation of the offer/appointment. If possible, could you guide us with a draft email to send to the employees that could assist us in this matter?
Regards,
Krishna Chaitanya
From India, undefined
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Hi Krishna,
Are you proposing to go ahead with completely revoking the offers, or only to postpone/defer the joining time until the lockdown is lifted, at least partially enabling the unit to function? What's the status? Has the indicated joining time in the offers elapsed, or is there still time left? Have you already informed those who inquired about it orally, or have you just stalled?
Thank you.
From India, Bangalore
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Are you proposing to go ahead with completely revoking the offers, or only to postpone/defer the joining time until the lockdown is lifted, at least partially enabling the unit to function? What's the status? Has the indicated joining time in the offers elapsed, or is there still time left? Have you already informed those who inquired about it orally, or have you just stalled?
Thank you.
From India, Bangalore
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Dear Sir,
In continuation of our discussion, we have decided to completely revoke the offer. In the email communication, we had indicated the date of joining. However, for the time being, we have orally informed them that until the lockdown is lifted, but we are not sure if we will continue with our services further. Given these circumstances, please suggest an approach for us.
How can we communicate with the candidates? Please suggest a draft email. Are there any legal violations if candidates approach the legal department?
Regards,
Krishna Chaitanya
From India, undefined
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In continuation of our discussion, we have decided to completely revoke the offer. In the email communication, we had indicated the date of joining. However, for the time being, we have orally informed them that until the lockdown is lifted, but we are not sure if we will continue with our services further. Given these circumstances, please suggest an approach for us.
How can we communicate with the candidates? Please suggest a draft email. Are there any legal violations if candidates approach the legal department?
Regards,
Krishna Chaitanya
From India, undefined
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Can you share any one of the offer letters issued to the candidates, either through email or here itself so that we'll examine the terms you mentioned and see what best can be done to suggest you. (You may delete the addresses, logo, names, etc., to maintain secrecy).
And before that, let us know if you have resumed operations yet or not and whether there is any chance of avoiding the revocation of offers. Please consider the fate of those who resigned from their previous jobs anticipating joining you. This lockdown is not going to continue for long, and already the Government of India is talking about 'Unlock-2,' which may bring back near-normalcy in all sectors.
From India, Bangalore
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And before that, let us know if you have resumed operations yet or not and whether there is any chance of avoiding the revocation of offers. Please consider the fate of those who resigned from their previous jobs anticipating joining you. This lockdown is not going to continue for long, and already the Government of India is talking about 'Unlock-2,' which may bring back near-normalcy in all sectors.
From India, Bangalore
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Dear Sir,
Please find attached the email communication that was sent to the candidate for your reference. Regarding the operation, we offered them a role for a specific project, but unfortunately, the client terminated our service for the project. Therefore, we would like to revoke the offer. Please suggest the best practice for this situation.
Thank you.
From India, undefined
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Please find attached the email communication that was sent to the candidate for your reference. Regarding the operation, we offered them a role for a specific project, but unfortunately, the client terminated our service for the project. Therefore, we would like to revoke the offer. Please suggest the best practice for this situation.
Thank you.
From India, undefined
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Did you receive any letter or communication in response to your emails? I don't find any attachment. Is there any 'force majeure' clause in your WO issued by the client. And any clause to the effect '...this offer is not a letter of appointment' and/or 'this offer can be withdrawn/revoked any time without assigning any reason' or such wordings used in your offer??
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Did you receive any letter or communication in response to your emails? I don't find any attachment. Is there any 'force majeure' clause in your Work Order issued by the client? And any clause to the effect of "...this offer is not a letter of appointment" and/or "this offer can be withdrawn/revoked at any time without assigning any reason" or similar wordings used in your offer?
From India, Bangalore
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Did you receive any letter or communication in response to your emails? I don't find any attachment. Is there any 'force majeure' clause in your Work Order issued by the client? And any clause to the effect of "...this offer is not a letter of appointment" and/or "this offer can be withdrawn/revoked at any time without assigning any reason" or similar wordings used in your offer?
From India, Bangalore
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