Anil.arora
Administration Head
Mahr
Head - Human Resources
Ankita1001
Sr. Hr Executive @ Polymerupdate
Loginmiracle
Consultant & G.m.
Anita P Panicker
Sr Hr Executive
+2 Others

Hi Seniors,

Our company interviewed and selected a candidate on 16th Nov 2012 as Software engineer, who was supposed to join us on 19th of Nov 2012.This candidate was previously

working with another company. On 19th itself the candidate came and requested to provide him the appointment letter so that he can show it to his previous company and

get the relieving letter from them. Also he wants to take this Appointment letter to his family temple for Pooja and also said that he will officially join by 21st Nov 2012.

I spoke this to my manager and he approved it and we gave the Appointment letter to this candidate. The candidate immediately left the office after getting the appointment Letter. .

I tried contacting him on 21st when he dint come and got the reply that his family temple Swamy said that wed(that is 21st) is not an auspicious day so will join on 22nd.

Again on 22nd i called so he gave the response as his grandmother is not keeping well so he is going to his home town.

Till Date he has not joined with us and today again i called him for final confirmation, so he said that he need 2 more days and he will join by next week.

I informed this to my manager and he told me to inform the candidate that his job offer is cancelled and we are appointing new person in his place.

Should i simply inform the candidate about cancelling his offer(as my manager said) or do I need to legally inform him about the same.

My query is what exactly is the actual procedure or measures to be taken in such a situation??

Please advice.
27th November 2012 From India, Trivandrum
Dear Karthik,
It seems that after taking the appointment letter from your company, he show the same to his previous company & may be he got the salary hike from his previous company. This is the trick which is used to get an increment in his previous company. Otherwise, getting a relieving letter after showing the appointment letter, doesn't make sense. He can get the relieving letter on the basis of his resignation letter also.
Just send him a mail that if you will not join our company within 2 days (or whatever your company decides) of this mail, then the appointment letter/offer letter dated..........., will be treated as cancelled. And for future you can include this in your company policies.
27th November 2012 From India, New Delhi
Hi Karthik,
As rightly stated by Bhawana, you could send him a mail, stating his offer is cancelled. Karthik it is a very common practice for an candidate to ask for an offer letter and they use it not only to negotiate with their current organization, but with new company also.
This candidate is taking you for a ride, remember before joining itself he is giving you so much trouble, just think what he will do once he joins. It seems he has lots of other priorities other then taking up the job, so let him continue with his priorities. You are a emotional person so feeling bad, be practical or you will busy dealing with such kind of people who will take advantage of you.
Regards
Anita
27th November 2012 From India, Mumbai
Hello everyone:
This may shock some of you, but I know of a company who insists on security deposit, whenever they issue offer letters. This security deposit cheque is a post dated cheque, which is not deposited in Bank. The date of the cheque is about 3-4 days later than the expected date of appointment. If candidate does not join on promised date, security cheque is deposited in the bank.
Regards,
Kalpana Iyer
27th November 2012 From India, Pune
Thank you all for the response...
But I have already called him almost everyday regarding the joining and last Saturday(24/11/2012) I had called him for final confirmation and he said that he will be joining definitely by Monday(that is yesterday-27 Nov).
Is it necessary that i need to send a confirmation mail again asking the same?
Looking forward..
27th November 2012 From India, Trivandrum
Hi,
See, if this candidate has never joined you on the stated date of employment in appointment letter and is not responding you accordingly even after your much confirmation, need to be issued a notification letter that his this employment is going cancel due to this reason. Even the reasons he has provided here are not acceptable on professional terms that his family temple Swamy not allowed him to join on the date as stated in Appointment letter and till the day (as you said above) he has not joined.
You deserve all the right to cancel his employment.
Second, you may go with the well-defined procedure and suggestions by Ms Bhawana and include that kind of terms in your Policies
27th November 2012 From India, Gurgaon
Hi Karthik,
The issue I see here is the Appointment Letter which you had given him. An offer can stand invalid depending on some clauses mentioned. However an Appointment Letter will be issued only on the day when an employee joins the organization.
Your case is different, you have issued an appointment letter before a candidate's joining date. Offer is just a letter of intent where in the organization promise a candidate an employment based on certain attributes. What I want to know is that, is there any special clauses added in the appointment letter. There should be a joining date and some clause prevailing it.
Is it possible to post the matter body, which in turn would help us to comment in a better way. However you can send him an official communication stating that the offer stands with drawn if xxxxxxxx does not join on xx xx 2012. However it would be better is you could help us know more about the clauses added in the letter, issued.
27th November 2012 From India, Bangalore
Hi Mahesh,
Thanks for the response.
We have not issued the appointment letter before the candidate joining.The candidate was supposed to join on 19 nov and he came on that day itself to join. But he said that He will officially start working on 21st after taking it to the previous employer and the temple.Ans ultimately he dint come after that.
27th November 2012 From India, Trivandrum
Candidates have a habit of misusing the appointment letter and so many companies put a clause - If not joined by so-and-so date, the applied offer would be cancelled.
I think you can suggest implementing this for your future tasks.
About this person that you're concerned of, I doubt he would join, start sourcing.
27th November 2012 From India, Mumbai
This type of behavior is observed in certain cases. Candidate always try to encash the opportunity and seen bargaining with his existing employer. It is always better to issue LOI at the time of selection and appointment letter only after joining the company ( on the day itself or within 1-2 days of joining).
In this particular case if LOI is issued to him, you can send him written communication giving brief history of the matter and intimating management decision of cancellation of appointment letter issued to him.
27th November 2012 From India, Mumbai
Karthik,
First tell me what U mentioned in the offer (of apptt) letter as the last date for reporting to duty ? Has this elapsed or still some more days are left. If you granted extension of joining time again and again, as you narrated, I presume every extension is oral or by e-mail. It shows how badly U R in need of his joining your firm. Have you asked him to produce any experience letter and relieving letter from the previous employer ?. Have U verified his antecedents ? Subject to these measures U decide whether to await his, either extension of time or joining. If the time limit has expired and U don't need his services or cannot wait indefinitely U R free to inform him the cancellation of your offer and in his place some one else has been appointed etc. Let this be in writing, either thro' e-mail or by speed post and one post by ordinary post, one thro' courier and one msg. by telegram. This would complete one cycle.
kumar.s.
27th November 2012 From India, Bangalore
Since he has joined his duty on 19th and the appointment letter was given on 19th itself and is not turning up for the employment then this is a matter of absconding, I hope that your company must be having some policies/standing orders to follow. Please send the candidate a letter of absconding from duties and to report within 3 days on receipt of the letter or else the candidate will be terminated. Terminate him if the candidate does not joins you within the stipulated time. Hope this solves your problem.
3rd December 2012 From India, Ahmadabad
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