Dear Swati and others,
The discussion was on available legal options for "no show" by the job candidate. Why bring labour laws in between, take sides and start accusing for having them on the side of employees?
My dear friends, browse this very forum and you will get 'n' number of cases of on-spot termination, non-payment of salaries, non-issue of employment certificate and so on. How come employers muster courage to do all this? Obviously the weak implementation of laws favour employers more than employees.
Swati or her management has failed to insert the penalty clause in the offer letter in case of "no show" by the candidate. Do not blame "labour laws" for their poor drafting skills. "No show" by job candidate is not today's affair. It has been happening for decade or so. Why then precautionary measures were not taken?
In fact a seasoned interviewer should be able to gauge the attitude of the candidate. Dithering mentality or fickleness of the job candidate should be captured right at the interview stage itself.
Do we know anything about Swati's company's selection process, number of rounds of selection, who took the interviews and competence of the interviewers etc? Nobody knows. Then why jump guns and train them on labour laws? Let us not sweep managerial weaknesses under the carpet of labour laws. This habit will take us nowhere.
My above post may sound as if I were some labour union leader. No way. My only point is on skirting around the issue and nothing else.
Thanks,
Dinesh V Divekar