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Private Consultant On Labour Laws
Riteshmaity
Labour Law Advocate
Rdsyadav
Educator, Management Consultant & Trainer
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Thread Started by #Anonymous

Hi I accepted the offer letter of an organization and based on this offer I resigned from the existing organization, but just one day before the joining date they dropped me mail that "we cant hire you".
Now I am jobless, can't go back to the previous organization.
The new company is offering me a compensation of only 1 month which I believe is not justified (considering the freeze in the hiring in most of the IT organizations till Feb - March) , I requested them to reconsider the compensation package but they refused.
Please suggest whether I should take a legal action against the organization.
9th December 2016 From India, Faridabad
Dear ANNONYMOUS,
Nothing new , its a game of life!! Take it easy and please accept what is gracefully considered by new company.Run for another opportunity as better one is waiting you.
Do not waste time in any other issue, less payment and injustice, just concentrate on only aim to settle at one Good job, which is easy ultimately you are in need of it..Other periphery issues will not be helping you, sallow it like bitter pills.
Best wishes.
RDS Yadav
Director,
Future Instt. of Engg and Management Technology
9th December 2016 From India, Delhi
It's a very unfortunate thing and sadly there is not much you can do here. The company has the same right to reject an offer until joining as you have. As correctly pointed out by Mr. Yadav, please start looking for another opportunity at the earliest.
9th December 2016 From India, Mumbai
Same thing happened with me 8 years back still waiting for getting a job.Now I have started working in as a security guard when i started investigating the whole.I came to know that my previous employer is giving negative feedback about me when I tried to get new job.Now 8 years gone and I started working as security guard.
11th December 2016 From India, Pune
#Anonymous
But dont you think its unethical and even illegal to do so, as per the law, company doesn't have any right to revoke the offer once it is accepted by the candidate (because it becomes a contract between both the parties with respective consideration) and in case they have done the same then the candidate is entitled to a compensation of atleast 3 months offered salary .
I had a discussion with my lawyer and have decided to take legal action aginst the company.
Thanks for your support and advice
13th December 2016 From India, Faridabad
Dear BALA,
Litigation can be filed,yet there is no restriction to any one in country.I do not foresee any ground for three months' salary entitlement of compensation as mentioned by you in second post. Any way, we give our opinion based on limited inputs , that should never restrict or stop any one to fight his point.
Regds,
14th December 2016 From India, Delhi
My Dear Anonymous friend,

No doubt this is very unethical and unprofessional on the part of an employer. Under labour laws, the remedy is available to the workers of the organization but I doubt as to whether you will be termed as a workers.

I know that offer for an appointment is a short of contract between the two parties, which has remedy under Indian Contract Act. The provisions under the Act runs as under:-

1.When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.A proposal, when accepted, becomes a promise;

2.The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”;

The employer has offer you a proposal, which has been accepted by you, as such the employer is duty bound to fulfill the conditions of the offer. Failing which he shall be considered to violate his promise., which is breach of contract.

They have viewed the actual consequences. It is for this reasons that they are offering you the Compensation. If you are not satisfied with the quantum of Compensation, you have to approach a court of law, which is a time consuming process and involve expenditure.

I would advise you to accept the Compensation and devote you attention to look for another suitable job.

BS Kalsi,

Member Since August, 2011
29th December 2016 From India, Mumbai
You have every ground to proceed legally against the company and seek damages especially for the loss of your employment. That loss cannot be covered by mere 1-3 months salary.
However, if you wish to proceed legally, you should take each and every step carefully with an assistance of a lawyer. It can be time consuming as well as expensive.
If you don't want to, you can forget and move on...
30th December 2016 From India, Kolkata
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