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lucky mehta_4092454
Could you please help me to handle the following issue:

We offered a position to one candidate in March 2023, and his expected DOJ was Mid of May 2023. But unfortunately, we were unable to accept his joining and we already informed him in first week of April the same concern (at that time he was serving the notice period in his current company).

Now he has complained to the district Assistant Labour Commissioner that company denied to join and i am jobless now etc. Consequently, we have received a notice from the labour department.

Kindly suggest what I should do? We have to appear in labour department Monday morning.

From India, Ludhiana
vmlakshminarayanan
919

Hi

After issuing to that candidate why your company is not able accommodate that candidate?

Based on the offer employee had resigned then is it not your Company's responsibility to admit him?

After issuing offer denying employment is not a fair practice. Any way during Monday meeting you need to justify with ACL on what grounds you were not able to accommodate that employee. Your Company need to obey his verdict either by providing employment or paying some compensation as per the order of ACL.

From India, Madras
lucky mehta_4092454
Yes, i got your point. But to some circumstances the operations of the particular department were shutdown. Thats why we were not able to join him.
From India, Ludhiana
vmlakshminarayanan
919

Hi,

In that case some advance communication should have been passed on to the candidate or he should have been accommodated in other department subject to feasibility. It is not that the employee will not at all get other offer but for time being he suffer without employment based on your company's commitment.

From India, Madras
lucky mehta_4092454
Could you please suggest me the next step?
From India, Ludhiana
vmlakshminarayanan
919

Hi,

As already suggested "during Monday meeting you need to justify with ACL on what grounds you were not able to accommodate that employee" He might ask for some assurance that Company will consider that candidate for future requirement.. etc. So close it amicably.

From India, Madras
lucky mehta_4092454
Thank you for your kind support.
From India, Ludhiana
KK!HR
1530

The Labour Officer has no jurisdiction in the matter, as the employment has not commenced. So, there is no industrial dispute, a pre-requisite for the intervention. Has the employee approached you in appeal, if not raise that point too. Since you have already informed the candidate before the due date of joining, you are on safe ground.
It is better to send your advocate or legal representative to defend the matter.

From India, Mumbai
lucky mehta_4092454
The person we offered, he approached to Asst. Labour Comm. when we already confirm him about this joining status.

Before that, the person was in touch with our recruiter about the joining status, if any possibility.

From India, Ludhiana
KK!HR
1530

The ALC can intervene only after the employee has joined and that too for any employment-related matter. Since the candidate has not joined so far and you have informed the person of the inability to take him on the rolls, you have the proper matter to defend yourself. It looks like ALC on receipt of the complaint has issued the notice in routine, once you raise a strong objection, ALC would close the matter.
From India, Mumbai
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