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Vyakhya
12

Dear All, Is the offer letter full proof of employment .Can an employer even after giving an offer refuses to take the employee on the payroll on the said date. Regards Srishti
From India, Bangalore
swastik73
45

Dear Sristi,
No, you cannot unless there is a valid reason like fake documents. Here as one member has rightly said that the contract is between a lion and a rat so Company's can do anything.
This gives and breed Unionism.
I think it is ethically, morally and legally incorrect. Just think of the candidate he has resigned his previous job based on the offer. Really, if such a thing does take place then we should also hang our heads in shame.
Regards,
SC

From India, Thane
poojabansal
15

Dear Sristi,
As Swastic mentioned it is inethical & immoral from the company side if we decline the offer letter already issued. But there are other issues related to it. Why do u want to decline the offer letter? Is it becoz there is false information provided by the candidate or something related to the candidate. Then yes you can decline from taking the candidate since the error is from his/her end. And our offer letters usually talk about confirmation of employment after all the facts are confirmed & approved. But if the company is doing it since they got a better candidate/ due to the company issues then it is totally illegal. I think we need to empathise with the candidates also.
Regards,
Pooja

From India, Pune
Vyakhya
12

Dear Pooja, Does mere empathy sort out the problem can anything can be done to sageguard the rights of candidate for that Regards Srishti
From India, Bangalore
poojabansal
15

Dear Srishti,
By empathising means we need to understand the situation of the candidate and ofcource it is each recruiters responsibility that we too should not give away false information to candidates. Finally they make their career decisions based on the inputs given by the recruiter. Again there is not much we can do in case a company declines a offer given to a candidate based on their own personal reasons. It is a case similar to where we cant do much when a candidate declines an offer at the last moment when he is just about to join the new company. In this case too the company does get affected by trusting the candidate. So we should again think about what we could do to safeguard the rights of the company also in such matters.
Regards,
Pooja

From India, Pune
swastik73
45

Dear Srishti,

The only time a Company can refuse are mainly due to the following reasons:

1)Fake Documents

2) Is Medically Unfit.

3)Any other valid reasons like injunction issued by Court / Ban by Government.

Now for safeguard of Candidate. As I have already said that an individual is weak and faces a lot of difficulties while fighting a big organisation. This is the fault of our Indian System and we have to accept this as long as we are in India. He or she can approach the Court for remedy claiming damages and compensation. The other thing to do is to Publish an AD in th e Newspaper warning everyone about the Company. This will have a bigger effect and especially if you can put it in the Supplementary like Times Ascent to have more impact.

Please dont use words like All types of violations, corruption and there are organisation who does not follow any law and when the authorites are approached they merely look the other way. So, if you are looking for justice go to Court or form a NGO and pick up the fight against Employee Exploitation, or even you can form an Union get affiliated with CITU and call for a mass protest.

There are no ready made solution and might is right, so if you have the gas to run the mile take the matter to court and fight it out.

Regards,

SC

From India, Thane
Vyakhya
12

Hi Swastik,
Thanks a lot for your reply .Actually i didn't intent to use those words to offend anyone just wanted to know that what if an individual per se candidate face such kind of situation. For that matter if in case this kind of thing happens with anyone what shall any individual do about it can you suggest any remedy for that.
Regards
Srishti

From India, Bangalore
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