I have a query, recently we had offer a candidate and he has submitted his documents as an assurity that he will join us. Now he doesnt want to join us. We have waited for a month, can we hold back his documents.
Can we take a legal action against him. can he file an FIR against us.

From India, Mumbai

Insolvency n GST Professional
What documents has he submitted?
Are they originals/
Why the need to hold his documents?
If he does not want to join,let him go.
You will get other employees.
Anyway if you withhold his original documents he can take legal action.

From India, Pune
Dear Nidhi, By giving an offer letter you are offering the job to the candidate. If he do not want to join, you can not force.
From India, Indore
HR Manager
You can not take Legal Action on Offer Letter, you are offering a job to the candidate by offer letter. Its the choice of the candidate whether he wants to join you or not.
Himanshu Pandey

From India, Indore

Interview Skills Guide
The worst thing that a company does to his employees is to keep his original documents as a security. It gives a feeling we are still in Zamindaari age. Have a research done on these type of companies and you will find all of them have a higher rate of attrition, rather then making their company a better workplace,they forcefully want employee to join them and work under them. It is a good as a Bonded Labor. If you cannot create an environment for people to work, how can you expect someone to work for you. Taking undue advantage of high rate of unemployment and needy person.

It is my advice to all HR people working in these type of places to change your job to some better organisation. It is always the HR person who is facing the music. None of your management team will come forward to face an employee who has his documents submitted.

And still want to take legal action. Rather all the employees of this company who have their documents submitted should file case against the management.

From India, Delhi
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