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HRPFL
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
surabhiisgr8
9

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
marinelawyer@hotmail.com
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
hyphentech
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
nashbramhall
1624

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
HRPFL
Dear surabhi
thanks for your reply - could you let me know whether the company has any compensations due to the candidate and whether a plain letter stating cancellation of offer letter would be enough.
thanks
HRPFL

From India, Chicalim
rajanassociates
50

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
samvedan
315

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
K.Ravi
54

usually in an offer letter, one sentence is mentioned that if candidate fails to join on or before XXX date, this offer automatically stands withdrawn, add this sentence in ur future offer letter,
CEHERS

From India, Pune
rajanassociates
50

Dear
An offer for employment if accepted results in a Contract for Service if the employee joins service.It can be followed up by an Appointment letter or a Contract of Service containing the terms & conditions.Some times Management resort to both.
With Regards

E-mail :

From India, Bangalore
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