Ganesh SawantI received an offer letter from ABC company for the vacancy of system engineer.as per the communication with the ABC company HR team I resign from current job, but now a ABC company HR team tells me another job search. but i already resigned from last organization.
Now in this case what can i do because i am currently jobless because of ABC company.
From India, Mumbai
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Srinath Sai Ram
Labour Law Advocate
Desktop Support Engineer.
AnonymousIts breach of trust of an agreement. Please check the wordings of the offer letter. You may seek legal advise for compensation in lieu of breach of agreement.
From Indonesia, Jakarta
riteshmaityYou have to file a case to claim damages. I have faced with similar situations where a particular IT company from Chennai/ Bangalore did this citing reasons like failure in background verification.
From India, Kolkata
loginmiraclelogisticsI share your anguish though, Yes, such instances are there. Normally Offer letters are issued with a specific clause saying "mere offer of appointment does not vest in the candidate any right to employment" This is an escape route some make use of to inconvenience the helpless. Sometimes at the time of joining verification of original docs pose a few inconsistencies resulting withdrawal of the offer issued. Are you relieved or still serving the notice period. If you still on notice period and acceptance of your resignation still not issued you may even consider withdrawing it. Unfortunately neither you could petition the ABC nor claim any damages from them legally which unlikely to provide you immediate solution. In the circumstances you could appeal to the ABC co. once again citing your precarious situation, may be in writing. More or less similar is the case when the selected candidates not reporting where some alternatives are available but in your case its really serious.
From India, Bangalore
Srinath Sai Ramdid you resign based on an Offer Letter or an Appointment Letter. Did you try to join the new job before the deadline set by the new Company. are there any correspondence, & for what Position? if you are confident based on available documents, without wasting a time serve them a Legal Notice after consulting a Lawyer claiming appropriate relief
From India, New Delhi
email@example.comMost HR Managers must be knowing what happens when an Offer letter is issued to a candidate which will also stipulate that he should join by a fixed date failing which; he will lose it. Such being the case, every HR Manager should check whatever is needed like background verification etc., & then issue the Offer letter rather than harassing a candidate who will resign his present job based on the offer letter & will be on the street ; when HR refuses to take him; as in the present situation. It is a pitiable case that Cos.like ABC which has got lakhs of infn. at its finger tips & resources has to play with the lives of employees who want to join after receiving a proper Offer letr. This situation can also happen to the HR Manager also.
Hence, HR Managers have to take extra care to see that the prospective employees are not thrown out of job after issuing Offer letrs. . ABC may not lose anything if a candidate does not join after sending Offer letr. but same cannot be the case when a person accept offer letter, resign the existing job & then refuse to take when he comes for joining; as in the present case. We hope to hear further development on the issue.
HR Consultant. 25.3.17
From India, Mumbai
v shakyaDear Ganesh,
As per section 5 of indian contract
act. 1872 A proposal may be revoked at
any time before the communication of
Its acceptance is complete as against
The proposer. But not afterward, Hence
After the acceptance of terms & condition
As defined in offer letter if you have intimate
The company regarding acceptance of offer letter. Then in such scenario you can initiate the legal against the company seeking damage due to illegally withdraw of offer letter?
Thanks & Regards
HR & Labour, Corporate Laws Advisor
From India, Agra