Vishalrajput1310
Hello, I was placed via a campus placement and the company that selected me provided me with a letter(it should have been an offer letter) on an email in which all the terms and conditions were mentioned on the second page where I was accepting a letter and there was one line was written as "This document will be official appointment letter on acceptance."Does that make the letter an appointment letter instead of an offer letter as all the terms were also mentioned and if so will accepting it (which I did 6 months prior) make me legally binding to join a company or can I back off has I have accepted employment somewhere else?


In short, the does the following clause on the second page(This document will be official appointment letter on acceptance.)(see shot of document) of the document makes it an appointment letter (also terms and condition of employment are provided with bonds but "calculative from date of joining" is written) make me liable (they made me sign 6 months prior and within 48 hours) to join Please help fast as I have other offer and joining date of this offer is near and I have to write an email and I want to make sure what I can face. Is company not wrong providing just one document
Can I be legally forced to join the company?

From India, undefined
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
KK!HR
Management Consultancy
Vishalrajput1310
Software Engineer

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KK!HR
1370

This appears to be an appointment letter. There is no prescribed appointment letter format and every organisation has its mode of issuing appointment. You have accepted the same without any condition, so you are bound by the terms thereof. Now you want to back off. You are yet to join them. From the description, the bond condition is not clear. If it is calculative from the date of joining, then no liability arises. Here at worst, by declining to join them you are going to violate the agreement, consequently you are liable to pay damages for the same. The principle of law is that the damages has to be reasonable and cannot be any fanciful amount.
To give the exact interpretation, give the bond clause, it has to be looked into.

From India, Mumbai
Madhu.T.K
3791

An offer accepted can be revoked only by sending a letter/ mail saying that you wish to back off from the contract. This is because an offer once accepted is binding on both the parties. But in this case, the liability to discharge the promise, ie, to serve the company as an employee, stars from the date of joining. If you do not want to join the company due to any reason, the same should be communicated to the other party immediately. This is very important as a matter of fair practice, that they need not wait for you but can find another resource. At the same time, during the pendency of a contract of employment with a company, you should not make another contract of employment with another employer. Therefore, first revoke the contract with the first employer and then accept the offer from the new one.
From India, Kannur
Suresh Rathi
82

There have been number of instances wherein after campus placement and issue of appointment letter, employees/ candidates have been informed that due to stated or unstated reasons , offer stands withdrawn.
As rightly suggested by other colleagues , do inform in writing as well by way of email that you will not be joining.

It would have better to give them ample advance notice so that in case they have shortlisted any other candidate, he/she may be offered the job.

As you are planning to leave for greener pastures , then I reserve my comments.
But certainly it is not in good taste .

Col.Rathi

From India, Delhi

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