Dinesh Divekar
Business Mentor, Consultant And Trainer
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+2 Others

Thread Started by #KH001

Respected Seniors
Greetings of the day.
I seek your help by posting this query. I am stuck in a situation where I need to write a letter to a new employee(who didn\'t join actually) for recovery of expenses incurred on his visa and ticketing. We hired a senior managerial level person,through reference of an internal employee,who was issued an appointment letter and was scheduled to leave overseas on a particular date. He consented to go,visited embassy to take his valid visa and an air ticket was booked accordingly. On the day of leaving he sent an e-mail stating unavoidable reasons to not to join our company.
Now I am required to write a letter to him for recovery of loses incurred due to his unprofessional behaviour.
Kindly help me with suitable language and format to go ahead in this matter.
Thanking you all in advance for your valuable time and comments.
14th January 2014 From India, New Delhi
It' really a very tense situation where we get struck after hiring any candidate and he refuses to join and the company has already beared some cost over the same as few you have mentioned .

As am outsider to your organisation and to my knowledge the company if had expences must be also in need of that employee and may be employee had his own reasons , may be genuine .

Before i proceed ahead to help you , i would like to mention few things you should care or check :

1. if you hire through reference , do you have referral policy and how strong is that and clauses over there to be followed by employee who gives reference

2. Have your Plan 2 ready to meet any mishappening or else .

3. before bearing any cost over new employee , how strong are your policies to bind the person if he let you leave in such situation

4. have a panel to examine the situations mentioned by joinee for refusal ( as the condition may be serious really and you can ask that person to discuss and give a mutual beneficial route for better relations to carry in future.

5. as you said it happened after his appointment , so what are your appointment clause and how strong are these

Practically speaking if there will not be any such clause , it would be little bit hard for you to recover the expenses .

i would be in better situation to reply you then only .
14th January 2014 From India, Gurgaon
Dear Sir/Madam

First of all thanks for taking time out to help.

Answering your queries I would like to tell that we are not having any referral policy and we have many employees through reference and all are working well. This is the first instance we came to face this situation. We have had an other option to meet the contingencies and we placed a new guy in his position who went to our overseas branch but then too the plan was delayed by few days. Appointment letter clearly says in any such situation all the costs incurred would be borne by the candidate himself. The senior mgt. does not want any legal hassles and only want to recover costs incurred on him and I have been given this responsibility to mail to that person asking for the repayment of all the genuine costs.

I am planning to write an initial mail which should not sound very harsh and should be professional enough to evoke the moral responsibility of that person to repay all the financial losses suffered due to his unprofessionalism.

Thanking you

KH
14th January 2014 From India, New Delhi
Dear KH
I understand and empathize with your problem.
Your present task is :
"I am planning to write an initial mail which should not sound very harsh and should be professional enough to evoke the moral responsibility of that person to repay all the financial losses suffered due to his unprofessionalism."
attribution https://www.citehr.com/481668-how-re...#ixzz2qPvq6p2R
Please draft a mail, as best as you can, and put it up here.
Interested senior and colleagues will go through it, and offer their suggestions or amendments.
You can re-draft your mail accordingly; incorporating these suggestions.
Warm regards.
15th January 2014 From India, Delhi
Dear friend,

You could have mentioned, what clause you have included in the appointment letter in case of "no show" by the candidate. Now the candidate has refused to join the company therefore, talking about recruitment policy is akin to closing the stable door after horse has bolted! In this context, refer the following news item:

Rejecting a job offer? Get ready to pay penalty - Economic Times

Secondly, you have written that "The senior mgt. does not want any legal hassles and only want to recover costs incurred on him and I have been given this responsibility to mail to that person asking for the repayment of all the genuine costs."

It would be childlike to think that he will respond to your letter and you would be able to recover cost of recruitment without legal hassles. Just on the last day when candidate sends mail and confirms his inability to join shows his kookiness. He is a fish of different kettle altogether therefore, put off your gloves and be ready for long drawn legal battle.

If you have inserted any clause in the appointment letter then your position becomes stronger. if you have not included even then also you can fight your case under the provisions of Indian Contract Act, 1872. Just check with some lawyer who has handled cases under this law on whether the case at hand falls under implied contract. Rather than fighting the case under labour laws, this law will help you more. Of course lawyer's opinion is final. Mine is only recommendation.

As far as writing letter is concerned, I recommend you writing on your own and uploading the draft here. Some senior like me will correct it.

Ok...

Dinesh V Divekar


15th January 2014 From India, Bangalore
Dear Dinesh Sir

Thanks a lot for your suggestions.

We have a clause in our appointment letter which clearly states that in case of no show or resignation without any notice period during first three months of probation, all the hiring costs will be borne by the employee himself.

Further you are requested to go through the following draft and provide your valuable inputs to improve further:

Dear Mr.XXXXXX

Have reference to your mail seeking your inability to join our organization just a day before you were scheduled to leave for your destined place of appointment overseas. As you are aware the confirmed air ticket was mailed to you and you were also in contact with the overseas branch personnel regarding taking your charge over there on scheduled date. Your backout at the last moment has put forth a very unprofessional and unethical side of yours resulting in a moral and monetary setback to our team and putting a hold to their further projects.

The company has vested huge amount of trust in you and invested a lot in monetary terms to arrange for your travel and accommodation there. As per the contract of appointment you are professionally responsible to pay back all the expenses incurred by the company on your hiring process.

You are hereby requested to repay all the expenses as per the attached details within a week of receiving this mail. Your no response would show your disinterest to pay and force us to act legally.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Seniors kindly provide your valuable inputs.

Thanking you

KH
15th January 2014 From India, New Delhi
Dear KH001,

While writing the letter, always make sure that you give sufficient background information. This is required when you write the letter for the first time. Anyway the draft of the letter could be as below:

+++++

Date: -

To,

Mr _______

Address: -

Notice for the Recovery of Recruitment Expenses

1. This to inform you that your name referred as prospective candidate for the post _____. Later you had submitted your CV to apply for this post.

2. As a part of the recruitment process, you had appeared for ____ rounds of interview. When we found that your candidature was suitable for the vacant position, we had issued appointment letter No _____ dated _____ on _____ (date). You had accepted this appointment on _____ (date).

3. Since this position was to be filled at ______ (name of the country), it was mandatory for us to arrange _____ (mention type of visa) for you. To facilitate acquisition of this visa, you had visited embassy of _____ (name of the country) on _____ (date). Assuming your willingness to join, we had booked the air tickets. We had forwarded these tickets to you through e-mail on _____ (date).

4. However, on _____ (date) you sent mail confirming your inability to join our company. The reasons of your inability were unclear. Because of your refusal to join, our company has incurred the following expenditure on various counts:

a) _____

b) _____

Total: -

(please provide entire break up of the cost)

The above break up is only for the tangible costs. There are other intangible costs as well.

6. Your refusal to join our company after acceptance of Appointment Letter is a breach contract. We wish to bring to your notice paragraph ____ of the appointment letter. Under the provision of this paragraph, we hereby issue notice for the recovery of the amount mentioned in the paragraph 4 above. You are hereby directed to remit Rs ______ (Rupees _______) by _____ (date). The remittance could be through either issue of cheque/demand draft in favour of ______ or through online fund transfer. Our bank's details are as below:

a) Name of the bank:

b) Account No: -

c) IFS Code: -

7. If you fail to remit the amount mentioned in paragraph 6 above by due date, this company keeps open option of litigation. May it be noted that litigation process is tardy, interminable and you may have to face some unpleasant situations. Therefore, it is in your interest to avoid legal hassles.

(Since this is a notice, do not write Regards, or Thanks,)

Name

Designation

Authorised Signatory

++++++

Ok...

By the way, why are you hiding your identity?

Dinesh V Divekar
15th January 2014 From India, Bangalore
Thanks a ton Sir
Really looking like a senior's advice.
I am not hiding my identity. I am working as an HR in a pvt. Ltd. company in Delhi. Started my HR career three years back.
Can I seek your permission to mail you directly for any assistance required during the course of my profession?
I am a regular follower of your replies to various issues raised on this site time to time. I am more than obliged that I got a reply from Mr. Dinesh V Divekar.
Once again no words to thank you.
Regards
KH
15th January 2014 From India, New Delhi
Dear KH

The draft proposed by Mr. Divekar covers certain points which were missing in your draft.(esp. point 1, 2 and 3)

Also, you have not given certain information in your posts; like the sequence of events.

Since the matter will go 'legal'; you have to be very clear on certain aspects.

You have referred to the individual as "employee", however this fact has not been substantiated.

Please note that when you take the issue to the Court; EVERY STATEMENT made by you must be TRUE; else you should not include any statement which is not true. Because when the defendant's lawyer will argue the case, he will cross-examine your witnesses and evidence. If anything is found to be UNTRUE, then your case will not stand.

I would like to know specifically the following, esp. as stated in the draft of Mr. Divekar under para 1, 2 and 3 :

1. Whether the applicant has indeed applied for the position himself by submitting his CV to you ?

2. Whether Interview had indeed taken place on a certain date and time ?

3. Whether the applicant was issued an Offer after the Interview ?

4. Whether the applicant has accepted the written Offer, (by affixing his signature) ?

5. You have already said that an Appointment Letter was issued to him. In case an acknowledged copy of Offer was not taken from him or (written Offer was not issued); then whether you have an acknowledgement of receipt of Appointment Letter ??

6. Now the most important question is : At what point of time, during the whole process, was he informed about the OVERSEAS POSTING ??

This is a very important question; as the applicant can always claim that he was not aware of the overseas posting.

Hope you will answer the above questions.

If you are hesitant to answer them; then you have to draft your letter accordingly.

Remember; when you go to the Court, a good lawyer hired by the respondent, will question every aspect of your Recruitment Process. So it is better to be well-prepared.

Also; if your case is weak and yet you wish to sue; then he might lodge a case against you for undue harassment and seek compensation from your company.

Unlike some HRs who support every action taken by the Company; The Law does not take sides; it only goes by MERITS of the case and esp. "the balance of convenience" when there are strong and weak parties involved, like Employer and Labour/ workman/staff.

For example, the loss of an overseas air-ticket will hardly affect a company; but recovering it might destroy the entire finance and future of a working family. So your reasons to sue need to be very strong; and not just the whims, ego or vindictive attitude of a business owners.

The Law ensures that equality is established by considering the handicaps of a weaker party.

Warm regards.
15th January 2014 From India, Delhi
Dear Sir

I am really thank full for all your support and suggestions.

The guy was through referral. He sent his CV on mail and appeared personally for interview and final commercial negotiations. Every thing was cleared in advance. The guy knew before applying that the position was for overseas only.

He confirmed to offer through mail and asked for an appointment letter which subsequently was issued and to which again he consented through mail. He personally visited embassy with one of our employee for completing visa formalities. I agree that the employer-employee relation didn't commence as he didn't actually join our organization and couldn't be called an employee. We have all the mails in which he confirmed his joining date, given his prospective date for flight ticket and other related conversations.

So if management plans to go legally we have enough evidence to make him stand at fault. Rest our legal department will take care of the emerging situations.

Regds

Thanking you for all your time and efforts

Thanks a lot.

KH
15th January 2014 From India, New Delhi
Dear KH
Thanks for your inputs.
In such cases, one has to doubly ensure that there are no lacunae or shortcoming on one's part.
Also, that the breach of agreement/understanding was committed willfully, without any compelling reasons on his part.
Warm regards.
15th January 2014 From India, Delhi
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