Private Consultant On Labour Laws
Labour Law Advocate
Educator, Management Consultant & Trainer
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.
Future Instt. of Engg and Management Technology
9th December 2016 From India, Delhi
9th December 2016 From India, Mumbai
11th December 2016 From India, Pune
#AnonymousBut 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
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.
14th December 2016 From India, Delhi
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.
Member Since August, 2011
29th December 2016 From India, Mumbai
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