Hello Seniors. Seeking support for Rescind offer process. If the candidate has already signed, let me know if there are any legally required payouts before rescinding the offer. The candidate will join us on 4 Jan 21 but the hiring manager wants to cancel the offer now.

Terms conditions in employee letter \:

12. TERMINATION OF EMPLOYMENT

12.1 Notice by either party to terminate your employment must be given in writing.

12.2 If your employment is confirmed following satisfactory completion of the probationary period and without prejudice to the Company’s right of summary dismissal or to the termination provisions contained herein, the notice required by either party to terminate your employment will be two months. Either party is not bound to give any reason thereof.

12.3 The Company reserves the right to pay or recover salary in lieu of notice period. Further, the Company may at its discretion relieve you from such date as it may deem fit even before the expiry of the notice period. However, if deemed fit, the Company, in its discretion, may accept resignation effective any date during the notice period and pay salary for the period remaining between the date of relieving and the end of the notice period. .

On termination of this contract, you will immediately return to the Company all assets of the Company including but not limited to confidential information, intellectual property, correspondence, specifications, formulae, books, documents, cost data, market data, literature, drawings, effects of records, etc. belonging to the Company or relating to its business and shall not make or retain any copies of these items.

On termination of this agreement, you will be entitled to receive (i) any earned and unpaid salary, or other benefits as contemplated herein, accrued through the date of termination, (ii) any unpaid expense reimbursements owed to you under Section 11 hereof, and (iii) all payments required to be made under the applicable law (including the payment of gratuity, leave encashment, if applicable).

-Candidate shared all his doc's to recruiter and he will share the signed offer/contract scanned copy this weekend. below is the sample message received from the candidate:

"“Thank you for your email. I formally accept the offer and will provide you with all the necessary documents by either day end today or tomorrow morning”".

“As for the signed offer letter, I will send you by the end of this week”.

From India, Hyderabad
KK!HR
1146

As per the Contract Act 1872, the offer can be withdrawn at any time before only its acceptance. Section 5 reads as follows: "Revocation of Proposals and acceptance.—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." So from this provision, it is clear that the offer of appointment once it is accepted by the candidate cannot be withdrawn unilaterally and the legal consequences will follow. This would amount to breach of contract and accordingly damages are payable.
From India, Mumbai
Glidor
618

@Venkatresharam recruiter? means the establishment is not in direct communication with the candidate? these small points makes a big difference in proceedings, please elaborate the details always

Talent acquisition member(company recruiter) received the following email from the candidate.
"Thank you for your email. I formally accept the offer and attached all necessary documents i.e Payslips, experience doc's, id proofs and passphoto size photo.
As for the signed offer letter, I will send you by the end of this week(mostly saturday-12Dec).

From India, Hyderabad
Glidor
618

@Venkatesh
There are hundreds of clauses between agency and the principal, and principal reserves the rights to accept or refuse the decisions made by agency, prepone or postpone the dates, and / or modify the whole concept.
better discuss the issue between recruiter and principal employer to get better resolution, if it was needed and formalities done, then why such sudden change, and if not then also why? a proper solution will emerge from the principal only, as he would be master after the formality


We didn't tie up with any agency/consultancies. my team, internal hr recruiter shared the offers to selected candidates. The reason behind rescinding the offer :
The technical manager offered one candidate in Banglore as first preference. But she rejected the offer and then offered moved Rescinding person, but now Banglore candidate came back wants to take the offer and manager wants to give her and want to cancel the offer to the second person. Because managers like Banglore Candidate profile more than a second person profile.

From India, Hyderabad
Glidor
618

@ Top management has rights to resolve the issues, as the matter is the trust on managers, no outsiders can put remedy, let the top management handle it and make suitable arrangements

nathrao
3101

"The technical manager offered one candidate in Banglore as first preference. But she rejected the offer and then offered moved Rescinding person, but now Banglore candidate came back wants to take the offer and manager wants to give her and want to cancel the offer to the second person. Because managers like Banglore Candidate profile more than a second person profile.The technical manager offered one candidate in Banglore as first preference. But she rejected the offer and then offered moved Rescinding person, but now Banglore candidate came back wants to take the offer and manager wants to give her and want to cancel the offer to the second person. Because managers like Banglore Candidate profile more than a second person profile.
This is no reason to rescind offer.
Candidate has accepted the offer and communicated it your office.
Company needs to avoid such withdrawal of joining order and offering to other person,just because someone liked some other profile more.Both are untested and assumptions should not undermine a job offer.

From India, Pune
Glidor
618

@
If there is no personal favor partiality, then management has to offer priority to this applicant, and check the skills for couple of weeks at least, as this applicant did not declined at anytime,
as HR or law-section nobody would be interested to get dragged between the managers and HR mismanagement issues, better put the issue to owners / seniors and ask them to guide
if the department stop acknowledging the communication with the applicant, they can not move to fight, but in gross it is against the ethics and we don't like this platform to be used for wrong practice.


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