Recently, i got an offer from a company, during recruitment process they send me a document named"Employment contract cum Appointment letter" where they mentioned salary structure and terms and conditions and asked me to send them a signed copy, which I did,later i changed my mind and I said them that I can't join due to personal issues, they said that they will proceed legally, is it really impact me?
From India, Kakinada
From India, Kakinada
Dear member,
Generally, when the candidate is selected to fill a particular vacancy, he/she is issued with the "Offer Letter". In this letter, the basic details like date of joining, place of joining, salary break-up etc., are mentioned. When the candidate actually joins the company an "Appointment Letter" is issued. This letter has terms and conditions of employment. "Appointment Letter", is a proper contract under the provisions of the Indian Contract Act, 1872.
However, every company does not follow this route. Once a candidate is selected, a few companies directly issue the "Appointment Letter". In your case, this is what has happened.
Though you have raised the post, you have not mentioned what the pre-employment and post-employment terms and conditions are. Has the company mentioned conditions for revocation of the offer by either party during the pre-employment phase?
Therefore, I recommend you upload the terms and conditions of the employment, especially during the pre-employment phase. The suggestions on the revocation of the appointment can only be given thereafter.
If you wish to take an opinion of a lawyer, then please approach a lawyer who handles cases relating to the Indian Contract Act, 1872. A regular labour lawyer may not be the right person to take advice.
Nevertheless, an issue has come up because of your double mind. Though we do not know the actual reasons for the withdrawal from the employment contract while signing the employment contract there was no personal issue, but it cropped up within weeks the contract was signed is unfathomable. Since it is your personal matter, we cannot comment much but it reminds a Latin phrase, quod cito fit, cito perit.
Thanks,
Dinesh Divekar
From India, Bangalore
7855Generally, when the candidate is selected to fill a particular vacancy, he/she is issued with the "Offer Letter". In this letter, the basic details like date of joining, place of joining, salary break-up etc., are mentioned. When the candidate actually joins the company an "Appointment Letter" is issued. This letter has terms and conditions of employment. "Appointment Letter", is a proper contract under the provisions of the Indian Contract Act, 1872.
However, every company does not follow this route. Once a candidate is selected, a few companies directly issue the "Appointment Letter". In your case, this is what has happened.
Though you have raised the post, you have not mentioned what the pre-employment and post-employment terms and conditions are. Has the company mentioned conditions for revocation of the offer by either party during the pre-employment phase?
Therefore, I recommend you upload the terms and conditions of the employment, especially during the pre-employment phase. The suggestions on the revocation of the appointment can only be given thereafter.
If you wish to take an opinion of a lawyer, then please approach a lawyer who handles cases relating to the Indian Contract Act, 1872. A regular labour lawyer may not be the right person to take advice.
Nevertheless, an issue has come up because of your double mind. Though we do not know the actual reasons for the withdrawal from the employment contract while signing the employment contract there was no personal issue, but it cropped up within weeks the contract was signed is unfathomable. Since it is your personal matter, we cannot comment much but it reminds a Latin phrase, quod cito fit, cito perit.
Thanks,
Dinesh Divekar
From India, Bangalore
Here are the terms and conditions of the contract, I haven’t seen any terms on the revocation of the contract before joining date
From India, Kakinada
From India, Kakinada
Dear member,
You have uploaded the contents of paragraphs 1, 6 and 7 of the "Contract-cum-Appointment Letter". The clauses mentioned in each paragraph are applicable to the "employees". However, in your case, the employer-employee relationship is yet to be formed. You will become an "employee" of that company when you report for the duties on 01-Sep-2021. However, as you are not an employee, as of today, the terms and conditions mentioned are not applicable. Therefore, you are free to revoke the offer.
What about other paragraphs of the contract letter? Have they mentioned anything on the revocation of the offer by either party? Please check and re-check other paragraphs whether anything binds you to join them.
Recommendation on Revocation of the Offer: - There could be flaws in the contract agreement and you could find a loophole to revoke the offer, however, I strongly recommend refraining from doing so. To get one vacancy filled in the company, many people have to work at the backend. Revocation could vanish their efforts in thin air. They have to start afresh. In life, whether professional or personal, we should live by the principle dictum meum pactum. Betrayal or letting down someone is not a one-way street. The roles could change, and in the future, you could be at the receiving end!
Thanks,
[b]Dinesh Divekar[b]
From India, Bangalore
You have uploaded the contents of paragraphs 1, 6 and 7 of the "Contract-cum-Appointment Letter". The clauses mentioned in each paragraph are applicable to the "employees". However, in your case, the employer-employee relationship is yet to be formed. You will become an "employee" of that company when you report for the duties on 01-Sep-2021. However, as you are not an employee, as of today, the terms and conditions mentioned are not applicable. Therefore, you are free to revoke the offer.
What about other paragraphs of the contract letter? Have they mentioned anything on the revocation of the offer by either party? Please check and re-check other paragraphs whether anything binds you to join them.
Recommendation on Revocation of the Offer: - There could be flaws in the contract agreement and you could find a loophole to revoke the offer, however, I strongly recommend refraining from doing so. To get one vacancy filled in the company, many people have to work at the backend. Revocation could vanish their efforts in thin air. They have to start afresh. In life, whether professional or personal, we should live by the principle dictum meum pactum. Betrayal or letting down someone is not a one-way street. The roles could change, and in the future, you could be at the receiving end!
Thanks,
[b]Dinesh Divekar[b]
From India, Bangalore
Dear member , I am in total agreement with views and points explained by Mr. Dinesh Divekar . The mere consent to Expression of interest ( EOI) as "Employment contract cum Appointment letter" in your case does not mandate the compulsory performance of contract . The contract shall be effective from 01.9.2021 upon joining the services pursuant the offer letter("Employment contract cum Appointment letter" ). Reasonable advance intimation in your case to come out of the proposal is fairly sufficient before start of contract.
From India, Lucknow
From India, Lucknow
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Enforcement of negative covenants in employment terms.pdf