Is It Fair to Require an Offer Letter When Employees Resign for Better Opportunities?

Dear All,

Is it a fair labor practice to demand an offer letter whenever an employee submits their resignation citing better career prospects?

Can we incorporate this clause in the Appointment letter?

Regards,
masbee

One of our employees submitted their resignation, stating the reason as better career prospects, and mentioned the name of the organization from where they received the offer.

My reporting head instructed to take a copy of the offer letter from those who submit their resignations in the future. Additionally, he wants to incorporate a clause (requiring the offer letter to be shown) in the appointment letter.

Regards,
Masbee

Hi!

There's no such clause wherein an employer can demand from an exiting employee for a copy of the offer letter of the new company. It is absolutely at the discretion and the comfort level shared by the employee to let the manager know where he/she is joining. No one can force anyone. I don't think that you can even add such a clause to the appointment letter.

Regards,
Nikita

Dear,

You cannot include this clause in an appointment letter, and you cannot request an offer of appointment if someone resigns.

Thank you.

J.S. Malik

No employer has the right to ask for a copy of the offer letter provided by another employer. This can never be included in your employment agreement. If the employee is not interested in sharing information about their future employer with their current employer, then no one can force them to do so. Many people have personal reasons for leaving a job, and it is not necessary to explain everything in detail to anybody.

Dear All,

I wonder how an employer could ask for such a thing. They don't have any legal right to ask for the reasons for leaving to date. Probably money is the monitoring factor in this matter.

Regards,
Saikat Dhar
saikatdhar.advocate@gmail.com

Hi,

Are you sure that he is an employer? Because I haven't heard about this type of employer. Employers have no right over the employees who have left the organization.

Rupa

No way, Masbee. An employer does not have any legal right to ask a single question about where his employee is going to join or how much they are being offered. You cannot include this clause in your appointment letter as it is legally invalid.

Shweta

Hey Masbee,

Sorry for the late reply. I was not online. Anyway, I think you have got the answer. It is correct that an employer cannot ask his employee to show his/her offer letter from the new company. DO NOT include this clause in the appointment letter. Your company may get in trouble.

Feel free to send more queries (if any).

Mannat

No way the employer has the right to ask such silly questions, and we can't add such a clause in the appointment letter. And no one would do it also. If you demand the offer letter, will your manager do it?

Hey,

No ways... You don't have any right to ask any of your employees. Not only would this not account for fair labor practice, but it would also make HR a laughing stock for others. Tell your reporting head that it is not ethical to do that.

Hi,

I read that there are so many suggestions put forth for incorporating the clause of including to show the offer letter for employees who would leave the organization.

This is totally absurd and should never be in the policy.

Balaji

Hi,

This is not fair to include this in the appointment letter; that's not possible either. No one is going to stick to one place. Jumping is his freedom; we can't demand an offer letter from him.

Dear Friend,

You cannot include such a clause in the appointment letter. If an employee provides that out of his personal interest, then that can be considered, but the same cannot be forced.

Regards,
Pravin