Mohanan KV
Hi, can anyone tell me if there is any legal procedure in the below scenario:
- candidate accepts the employment offer & confirms the joining date in writing
- after a period of more than 1 month, he/she declines to join

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Mohanan KV
Service

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.



Mohanan KV
Hi, can anyone tell me if there is any legal procedure in the below scenario:
- candidate accepts the employment offer & confirms the joining date in writing
- after a period of more than 1 month, he/she declines to join by sending a one line mail stating personal difficulties

From India, Mumbai
umakanthan53
5922

Dear Mohanan,
It is a matter of breach of contract on the part of the selected candidate under the Indian Contract Act, 1872. At the most you can sue him for damages plus the cost of his recruitment.
But in my opinion, such an exercise would be unnecessary as you would have the next best candidate in the selection list. To understand the above point in a proper perspective, you reverse the situation hypothetically. Suppose you are not in a position to permit a selected candidate due to some unavoidable reason like the recent lock down, what will you do?
Therefore, go ahead with the next best candidate available in the selection list.

From India, Salem
PRABHAT RANJAN MOHANTY
530

Dear Mohanan,

There is no doubt on it that the candidate has violated the offer after it's duly accepted by him. This can be considered as breach of contract with understanding of the Indian Contract Act, 1872. You could be able to act legally on strength of the clauses in the offer letter that the candidate can be sued for damages with cost of recruitment for breach of contract/failed to comply once it accepted. We should keep it in mind that the clause of damage is applicable to employer even if failed give employment after acceptance.

In my opinion, you can not sue the candidate in absence of the violation clause in offer letter. You can issue a letter of caution to the candidate that his candidature is put under black list and same would be notify to all our associates for your above conduct.

From India, Mumbai
KK!HR
1345

Is there any condition in the offer of appointment accepted by the candidate spelling out the consequences in case the candidate fails to turn up on the induction day?. In all probability none, then it is only the general law, the Contract Act 1882 would apply for breaking the mutual agreement.

Compensation for failure to discharge obligation resembling those created by contract.

The section 73 of the Act states that “When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the or which the parties knew, when they made the contract, to be likely to result from the breach of it. When the contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it." Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract."

Explanation.—In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.

From India, Mumbai

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHR®

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server