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Sourabh Mehta
Hi,

Recently, I have accepted a job offer letter and signed an affidavit which says if I not been able to join the company then I have to pay the amount which is too much the salary they offered. Due to some personal reason, I am not being able to join the company now I have received an without prejudice letter from them. What should I do?

I told them my reason, but they didn't give me any confirm clarification.

Now, it's like harming my career.

From India, Delhi
vmlakshminarayanan
919

Hi

When you are not sure of joining it would be better to refrain signing Affidavits. As already clarified in other thread the Employer-Employee relationship commences only after signing. Just because signed the offer letter no employer can force you to join. Such offer letters are not valid. You can reply to the employer due to some inevitable situation beyond your control not able to join them. What was the content of the Affidavit. Did they provided you with copy or have you asked for copy. Better not to join such employers who behave like this before joining itself.

From India, Madras
Anonymous
Hi, Thanks for the reply. I am attaching the copy of affidavit here.
From India, Delhi
Attached Files (Download Requires Membership)
File Type: pdf Legal Notice- Sourabh Mehta (as sent).pdf (1.79 MB, 53 views)

vmlakshminarayanan
919

Hi, Their allegations are baseless. Better reply them through a Advocate ( for which you need to spend money) or reply directly with some apt reason.
From India, Madras
Sapna Panwar
6

Hi Sourabh,

This event is not at all going to harm your career. No employer can force you to join the company, even after you signed the offer (Though it is your moral & ethical responsibility, that after signing the offer, You should Join the company). Next time please make up your mind before signing an offer. You can make peace by stating the valid reason for not joining the company over an e-mail (for proof). You are not bound to pay anything before associating with them. Would suggest not to apply in the companies that encourage a candidate to sign a bond. If you don't make a wise decision in choosing the companies then it will definitely affect your career.

Hope this is helpful to you.

From India, New Delhi
saswatabanerjee
2383

First, I would suggest you remove your name, mobile no and contact information from he letter and repost it... It is dangerous to share those as unscrupulous people and bots pick them up.

You have made a mistake in signing such a (sorry to say) stupid letter and landing yourself in hot water.
However, Indian law does not allow contracts in restrain of trade, so the letter is invalid and void ab initio (from the beginning). Further, the letter specifically talks of employer-employee relationship, which starts from appoint letter and not offer letter.

However, these are matters to be discussed in court, which is an expensive affaire, so you need to be prepared for it. Let them try and recover this in court. it will be far more expensive for them than what the think they can recover. In the meanwhile, go and speak to an advocate and have him frame a response and send a cease and desist letter on grounds of harassment, defamation, and any other grounds he can think of.

Also, go and meet the labour commissioner of your area, and any pre-labour NGO / Activist organisation in your area and may be local political parties, all those who can make life miserable for them

From India, Mumbai
rkn61
624

You have signed a Job Offer letter, that is Letter of Indent. That is you are agreeing to
take up employment in this company. As you have not joined, nor did you sign and accept
your Offer of Appointment /Employment Contract with them, you need not worry. Remember, you should not mention this in your future employers.

From India, Aizawl
pvenu1953@gmail.com
125

To my understanding, the Legal Notice is an empty threat to overawe. As already suggested, the terms of the affidavit are not legally enforceable.
From India, Kochi
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