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Dear Veermati,

It is very correct that no action can be taken against such job hoppers, who either wants to see where they stand in the market or wants to bargain with their current employer or negotiate with other companies showing your offer.

Action can only be taken if the candidates joins & leaves immediately, say even a day after joining.

There are few things that can be done on safer side:

1. Keep Options – instead of having giving offer to only one person, we can have the list of other candidates prepared so that if one candidates backs out, we have other who can be given offer instantly. Hope you are doing the same.

2. Second thing what you can do is not mention salary details in the offer. Salary part you can discuss at the time of finalization of candidature and show it (CTC break-ups) in writing and take signature on the salary offer, at the time of negotiations.

3. You can simply state that you are offered so and so designation and your date of joining will be on such and such date. You can also mention in offer letter that, that the detailed appointment letter shall be issued up on your joining, where salary part is also mentioned. If he joins and leaves immediately after joining, you have the right to take legal action, as he have done the joining formalities/ sign the joining documents.

4. What at the most you can do is to inform his current employer about the situation.

Apart from this, I do not see anything can be done other than to blacklist him from entering to your company in future. Also you can inform in other similar companies about such candidates, so that they can be cautioned.

From India, New Delhi
Don’t hire this guy and black list him. Be thankful that you do not have a guy who is dilly dallying, in your payrolls and close his file forever.
From India, Madras
Dear all
In our organisation we have introduced Staff deposit policy for the candidates who are selected and been interested to join our organisation, accordingly we issue offer letter. In any case, the candidate says at later stage that he will not join as per the offer letter, the amount deposited by the candidate will not be reimbursed. this was implemented to curb such type of issues and results were very good from the policy it self and no case has been happened till date. This may and may not be worked out subject to candidate to candidate.Your organisation may think of policy like this.
Regards
Eswar

From India, Mumbai
Dear Veeravathi,

Did you / Company made any such contract that who ever accepts the offer or confirms that will join rejects later ,coma[pny can take any action legally.
No Such rule and if it is so No employee will come forward to take offer in your comany so at any time candidate has the right accept or Reject
Rgds,
Pavan,
HR Dept

From India, Vijayawada
Just imagine a situation, wherein, you have shortlisted 5 good candidates for one position. You issue offer letter to only one candidate but during interview you communicate indirectly to all the candidates that may be offered a job. If the other four candidates do not get any communication or offer letter, can they take any legal action against the organisation ? In fact most of the organisation do not even bother to communicate to the rejected candidates, as a matter of courtesy. I used to thank the candidates at the end of each interview, for having made it to attend the interview. These are simple gestures which all HR professionals should emulate ! So dont consider taking any legal action, because there is no breach of contract here !!! Under what clause, under what rule can you contemplate action !
From India
Sir(s),

It is doubtful whether any action can be taken against such candidate who refused to join after being selected on account of following reasons:-

(1) Article 19(g) of the Constitution of India ( which is one of important Fundamental Right) lays down that "All citizens shall have the right to practise any profession, or to carry on any occupation, trade or business".

(2) Secondly, to bind any person with agreement to service before his actually joining the services of any organisation will be just like agreement of bonded labour. Such bonded labour was abolished long back in the year 1975. Even after joining any service or organisation, no employer can force any citizen to continue to undertake their employment. Only claim can be made against such person in accordance with terms and conditions of employment, if agreed in writing.

It will be more better if the employers at the time of finalisation of select list after interviews may maintain waiting list to avoid such like situation.

From India, Noida
Hello,
I too agree with all writers who have expressed their views in this thread. The letter of appointment is the document offering a position to a person in the Company. You mention the clause that, he should report for duty on or before (mention the date month and year) failing which the offer letter stands automatically cancelled. Once if he fails to report for duty, the offer letter does not have any meaning, Alternatively, formal offer letter can be sent and finaly appointment order can be issued after his reporting.
Adoni Suguresh
Sr.Executive (P & A) Retired

From India, Bidar
Hi

My response is directed to Smit Patel who said-

1. Keep Options – instead of having giving offer to only one person, we can have the list of other candidates prepared so that if one candidates backs out, we have other who can be given offer instantly. Hope you are doing the same.

2. Second thing what you can do is not mention salary details in the offer. Salary part you can discuss at the time of finalization of candidature and show it (CTC break-ups) in writing and take signature on the salary offer, at the time of negotiations.

3. You can simply state that you are offered so and so designation and your date of joining will be on such and such date. You can also mention in offer letter that, that the detailed appointment letter shall be issued up on your joining, where salary part is also mentioned. If he joins and leaves immediately after joining, you have the right to take legal action, as he have done the joining formalities/ sign the joining documents.

4. What at the most you can do is to inform his current employer about the situation.

attribution https://www.citehr.com/494581-what-a...#ixzz32cf8BWUh

My observations are:

Of the above, only point one is the best transparent option.

What is the quality of the candidate who will join when you only show the CTC breakup but offer nothing in writing? Only the most desperate will join, and it may only be for the short term.

It is correct to mention that the detailed appointment letter will be provided after joining. However, I am not sure about what kind of legal action you can take if the person joins and leaves quickly, within the same week or month. Apart from enforcing a notice period recovery (which very few candidates will pay because they have not been in the system long enough to show your organization on their resume), it can also be adjusted against the days worked by them. Again this is a waste of time since the line manager will be yelling for a replacement.

For point 4, informing their current HR - I believe this is a feel good option only for yourself as the HR, and has no practical value. I would not recommend this, unless there is a serious fraud which has taken place for which the police complaint has been registered. If you feel that a strong message is being sent by this action, it possibly may not be the one that you intend.

I am not sure how many quality candidates will flock to your organization for employment since the organization is displaying low trust with its employees.

My reason for writing this response is that we must seriously consider the impact of our plans before taking any action which may have an unintended effect.

Regards,

From India, Mumbai
veermati legal action is unnecessary & will not work out too
From India, Chennai
Dear Mr. Ryan,

Thanks for pointing the mistakes that can be avoided. Also would request for your inputs that are missing in the thread.

I have written these as we are also facing the same and these were just a point of caution. I joined Oil & Gas sector recently that has recently started its business. Here we have been conducting recruitments and we are experiencing the same with the candidates.

That's why we have decided to follow few points as stated.

Based on your inputs what we can do is to mention CTC only in Offer Letter and detailed break-up can be issued after joining. candidates requires some kind of confirmation of their selection with the company.

Regarding Appointment Letter, I would like to know why detailed appointment letter needs to be given without candidates joining. What difference will it make if we give appointment letter instead of offer letter. I suppose many of the construction/ infrastructure/ IT industries issues only offer letter.

And about informing to current employer, ok with your suggestions.

Will look forward of hearing from you and open for your suggestion, that will make me & team more learned.

From India, New Delhi

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