Hi All, My cases is bit tricky, will try to explain with an example. Need suggestion as i am planning to go to court against IT company.
I was offered a job from one of startup organization and I accepted and informed them that I need to serve 3 months notice period and also communicated my last working day, when job was offered they told me that I have to work at the same time to there organization when serving notice period, I said No, (there is nothing in written from both end regarding parallel working) but they messaged me and created my official email id and asked me to join KT session as one of their employee had resigned but I was not able to attend KT session due to some medical emergency and also informed then about medical emergency, but when i was serving notice period of notice period the organization rejected my offer when i was suppose to complete my notice period (almost served 85 days notice period). They said to me we will pay you 18 days payment as courtesy.
As I have resigned my current organization has hired another resource and i have to leave the organization, as they said you have resigned on your own and we have given offer to another resource and he has joined so you have to leave we cannot revoke the resignation.
for ex:-
I was working in 'A' organization, and notice period was 90 days.
Received offer from 'B' organization, asked me to work but i refused, (informed then about 90 days notice period)
Revoked my offer letter when i have almost served 85 days into notice period and i was supposed to after a week.
Ended up as a jobless.
This has ended up me being jobless and when i get the call from companies they ask me question why did you left the existing job when you do not hold any offer ?
Now I need suggestion what should I do, shall i go against the company in court, is there any law for this type of cases ?
Please help me.
14th August 2019 From India, Pune
Dear friend,
In the last but one paragraph of your post, you have written that you had left the organisation without a formal offer letter from the company 'B'. Is this true?
If yes, then it was imprudent on your part to have left the organisation without any formal letter. In fact, under the provisions of the Indian Contract Act, 1872 "offer letter" also need not be considered as contract as such. A formal appointment letter can only be considered as a legal contract.
As you have rightly said, your situation is difficult. However, just confirm how many subordinates reported to you in your previous company. If nobody reported, then you can be considered as "workman" under the provisions of the Industrial Disputes Act, 1947. This provision makes you eligible to file a complaint to the labour office. The labour officer on receipt of the complaint will call you and understand the situation. Let us see whether he solves your problem.
If even a single subordinate reported to you then you cannot become a "workman" and under such circumstances, the provisions of ID Act, 1947 do not apply to you. Therefore, the only remedy left is to send a lawyer's notice. But then if the company that revoked your job offer, wishes to drag the case in the course then it could last for the years and attending hearing after hearing could be tiresome.
By the way, when you approach the future employers, in the interview, it is not necessary to disclose that you had resigned without acquiring a formal offer letter. Just tell that the company 'B' revoked their offer letter leaving you in the lurch.
Thanks,
Dinesh Divekar
14th August 2019 From India, Bangalore
When the offer is accepted, it becomes a promise. If you have documentary evidence, you can sue the offeror for damages.
15th August 2019 From India, Salem
Dear Umakanthan Sir,
Following are notes from the Indian Contract Act, 1872:
a) The Indian Contract Act 1872, Section 2(h) defines Contract as an agreement enforceable by law.
b) There are two essentials of this act, Agreement and Enforceability at law.
c) Section 2(e) defines agreement as "every promise and every set of promises, forming the consideration for each other."
d) Again Section 2(b) defines promise in these words: "When the person, to who the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted, becomes a promise."
e) Hence, it is said that all contracts are agreement, but all agreements are not contracts.
f) Section 2(g) of the Act further states that 'an agreement not enforceable by law is said to be void'.
In light of the above definitions, it can be said that all the promises are not enforceable by the law.
Regards,
Dinesh Divekar
15th August 2019 From India, Bangalore
Dinesh Sir,
I got offer from B organization so resigned from organization A, when i checked with my A company about reveling me early they said you need to serve the notice period of 90 days and same was informed to Company B and they were ready for my joining on 93rd day as my 90 days was completing on Friday.
While I was serving notice period in Company A , company B asked me to work for them in the evening for 2 to 4 hours, for that i refused as it will be breach of contract with company A.
And also company B sent an email to me on my personal Id stating that I should be in office on May 1, but by that i was still serving notice period with company A
17th August 2019 From India, Pune
Hello Umakanthan Sir,
I have acceptance of offer and documentary evidence, and also I have filed the case in Labour office, but Company B has not responded to any notice of Labour commision office, now i am planning to go to Labour court.
While serving notice period, they have generated my official email id and also given access to some of internal tools and i can still access them from my home, I can see all there details.
17th August 2019 From India, Pune
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