Bharat Gera
Principal Hr Consultant
Ajeychaudhary
Ta & Business Hr
KK!HR
Management Consultancy
RRPANDIT
Head-hr
+1 Other

Hi,
I need help of the experts here. I was offered a job as Asst General Manager with a reputed company in the month of April. My joining was suppose to be on 11th of June. I have accepted that offer. However on 8th June ( Friday, Sat& Sun being off) , i receive an mail from the Chief manager HR of the company that my joining has been delayed. The interesting fact is that on 8th itself around 3 PM , a junior HR executives mails me and ask to be there on 11th for joining by 10 AM.
After speaking with them face to face, they are citing reason that the position does not exist now and they need some time to come back to me. What do i need to do , as i have left the old organisation and they have recruited new manpower for my position.
Regards
From India, New Delhi

The contract is complete when they have offered and you have accepted the offer.
Breach of contract exists as per the details given.
Probably you need to visit the company and meet higher ups and find out exact position.
You can explain to them that old job has been given based on this offer and acceptance.
Legal action may be considered if found necessary by local lawyer after going through all paper work,mails on the subject.
From India, Pune
Dear Friend,
A job offer is for the expression of interest by the company to a candidate to communicate its intention to enter into the contract of employment. It is not the contract in itself. The offer becomes a contract of employment when the candidate joins the company & agrees to the terms & conditions of employment by signing the duplicate copy of the said letter.
Similarly many candidates do not join the company even after accepting the offer of employment, this no breach of contract.
The offer can be withdrawn any time before joining. If the withdrawal is so late that it cause loss to the candidate then the company can be sued in the court of law .
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
Dear GeraJi,
Your point is valid to the extent of procedure.
But here job offer has been accepted and date of joining given.
Now withdrawal of offer is breach of contract.
To my mind Company made an offer to X and X has sent his acceptance as per prescribed date.
That complete chain of action to become accepted contract.
This is how i understand the issue in question.
Section 5 of the 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 afterwards. —A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards."
The job offer once it is accepted becomes a basic legal contract between you and your new employer and when your employer withdraws that offer it falls under ‘Breach of Contract’. In Normal circumstance, the contract once made cannot be unilaterally revoked. Only both parties to contract can discharge each other from obligation by novation /accord and satisfaction.
"Acceptance and intimation of acceptance of offer are therefore both necessary to result in a binding contract.
From India, Pune
Dear Friend,
The fact is that Xco offered a job to A and which has accepted by A as per the conditon of the offer. To join the job by 'A' on fixed date is one of the condition, which itself is a binding contract between Xco & A. The withdrawal/cancellation of offer is breach of contract, in absence of the clause that 'Xco' has got liberty to cancel the offer.
Every one would agree with the point that postion of Asst General Manager never offered to a fresher. One just have to realise the fact that to join the new job, the candidate would have left the old job with notice period. The present situation of the candidate is job less as has already resigned the old job to join in new job.
In my opinion the candidate should sue the company for breach of contract & trust after verifying his documents with cost. You need to consult a lawyer for the next course of action.
From India, Mumbai
Dear Friends,
I agree with you to some extent, I have mentioned in the post that in case of late withdrawal of offer the candidate sustains losses hence can sue the company in the court of law. Withdrawal at the last moment without sound & logical reasons are not acceptable.
Though not relevant with this matter, but still the example is that the "Agreement to sell & Sales Agreement are two different things.
Many offers mention the fact that the offer can be withdrawn any time.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
"Many offers mention the fact that the offer can be withdrawn any time."
Such offers need to be rejected out of hand.
People have to leave jobs to get another job and whims and fancies of employers is not acceptable.
From India, Pune
I think this can be decided by the people while taking up the offer. Most people dont read the offer document before signing it.
Warm Regards & Thanks
Bharat Gera
HR Consultant
9322404765
From India, Thane
I endorse the views of Nathrao Sir that by accepting the offer of appointment without any condition, a contract has come into vogue and the recruitee has a right to sue the employer for breach of contract. But this type of litigation has not been widely reported. A claim could lie for damages and mesne profit.
From India, Mumbai
Dear HR friends,
Have you come across any Company's job offer that says - 'the Company reserves the right to withdraw the offer before the candidate joins the Company'? Fortunately I have not yet come across such a Company. I find it hard to believe that any right thinking HR Manager would insert such clause in the offer. I also find it hard to believe that any right thinking professional would accept such offer.
Once the job offer is made and the candidate's acceptance is communicated, the contract is complete. It is not correct to say that the employer has a right to withdraw the offer anytime till the candidate joins, even when s/he has communicated acceptance of the offer. It would be a mockery of justice, equity and good conscience if the employers were to have a legal right to do such a thing.
Of course, it is true that some times candidates accept job offers but do not show up to join. Our legal system being what it is, employers do not sue such candidates for damages. However, I think it could serve as some kind of deterrent to mention in the job offer that after accepting the offer if the candidate fails to join, s/he will be liable to pay the employer damages of Rs....
Some candidates might still breach the contract, but it is likely to act as a deterrent in respect of most of the candidates.
This thought has come to me as I was typing this post. Would like to get views of fellow professionals.
Regards
Ravindra Pandit
From India, Mumbai
"I think it could serve as some kind of deterrent to mention in the job offer that after accepting the offer if the candidate fails to join, s/he will be liable to pay the employer damages of Rs...."
Amount which is quoted should be reasonable and backed by how the figure is worked out - time spent on recruitment,ads,interviews etc(these figures should be kept as a back up if candidate challenges damages levied by employer and produced as evidence of reasonable costs)
No wonder companies keep two or three candidates as back up.
From India, Pune
If an employer makes an offer to a prospective candidate deeming him fit for the position, and candidate provides his acceptance with the offer, this leads to the candidate resigning from his present capacity.
Revoking the offer, without the mutual consent of the candidate and employer from either side is a breach of contract and either party can sue each other for the damages they might incur because of the same.
Employers rarely sue candidates for not fulfiling their part of the deal in case they back out at the last moment because of the sheer reason of increasing the workload on their legal team, but in certain cases they do.
It is important that the candidate should take this up legally in case the higher authorities fail to provide a solution.
The employer here, however, can also look at the option of paying the salary in lieu of not letting the candidate serve the notice period, had the candidate joined the services and was asked to leave on the very first day of his employment.
From India, Kochi
If this becomes practice for HR industry the paper of offer will loose its sanctity.
From India
Thanks to all the members for helping. Now the situation has an update. I had send them legal notice and asked for compensation. The chief Hr of that company called back and said that the project is back on track and they want to have me on board. Previously she has mailed me that due to adverse reference check they are withdrawing their offer. When i asked her about my adverse reference check, she said that since she was not in position of commenting on exact time the project will restart so she had no other option.
What i assume that they will get me on board and after few days will sack me citing non performance as reason. In that case i will not have any option left.
Should i simply ask for compensation as their act has resulted in my job loss and i am not yet employed again? Should i ask for new offer letter with No termination Bond of minimum 6 month? Please guide...
From India, New Delhi
It is neither ethical nor the company can do it. Based on the offer, the prospect would have resigned/planned to join the organization which would be an unforeseen loss to him against which he can refer to court proceedings, if desires to.
Rgds
Piyush
From India, Varanasi
You will have to take a call.
They have again offered a position to you and you need to seek clarifications on the longevity of the position.
Verbal discussions will help you to judge whether it is a smokescreen to avoid legal action.
Ask them the nature of project and whether it suits yor qualification and field of expertise.You would be in position to judge by few strategic questions.
Take care and decide.
From India, Pune
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