Employer Refused To Appoint After Issuing Offer Letter [Thread 579788] - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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Dear Sir/ Ma'am,

This is Mani working with a reputed company at Gurgaon.

I would like to share my bitter experience which I have been faced this Month. A company from Bhopal has offered me (After a six months of negotiations) a Senior Manager Post at Bhopal Location and I agreed to Join because I belongs to Bhopal. After getting an Offer Letter on 30th January 2017 I had resigned from my current company and served 1 month notice period as per rules and regulation on 31st January 2017.

On 17th February 2017 I got a call from their representative and he informed me that they are going to open an Office at New Delhi and you have to join your duties at New Delhi Location but I refused to Join at New Delhi because I had already booked Movers & Packers to Shift my Home Appliances to Bhopal, Booked my tickets, Applied for TC for my Daughter and also served a notice to my Landlord for vacating my flat on 28th February 2017.

On 18th Feb'17, I had called to GM (HR/Admin) of that company and I shared all the issues with him but he told me that right now they don't have any vacancy in Bhopal we will contact you after 5-6 Months.

After this incident, I have to withdraw my resignation from my current company. Now just I wish to know that whether any company has right to do this kind of things after issuing an Offer Letter?

I had suffered mentally as well financially just because of them. Should I have to go Labor Court?

Looking for a guidance/ suggestions.
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Dear Mani Prasad,

First and foremost, you can not seek remedy under any Labour Laws for your grievance.

Second, the new employer had asked you to join as per the offer already made though with a change of location for the reason their rep and the G.M (HR) explained to you which seems to be reasonable. Of course it is your personal inconvenience that made you turn down the modified offer.

Third, all the preparatory efforts you have undertaken for relocation in the mean time were strictly as per your choice and it is not deducible from your post any relocation allowance on the change of job was included in the offer so as to start your relocation process forthwith.

All your actions for relocation seem to be at preparatory stage only despite the waste of your time,energy and some money and withdrawal of your resignation.

The long period of negotiation is indicative of the fact of indertermination on the part of both and in this back-drop the sudden modification of the offer within a month and the reason shown by the new Company can not be simply brushed aside as wilful failure so as to give rise to damages.

My view, therefore, is to leave the matter as it is..
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