Is an Offer Letter a Guarantee of Employment or Can It Be Revoked?

Dear All,

Is the offer letter foolproof of employment? Can an employer, even after giving an offer, refuse to take the employee on the payroll on the said date?

Regards,
Srishti

Dear Sristi,

No, you cannot unless there is a valid reason like fake documents. Here, as one member has rightly said, the contract is between a lion and a rat so companies can do anything. This gives rise to and breeds unionism.

I think it is ethically, morally, and legally incorrect. Just think of the candidate who has resigned from his previous job based on the offer. Really, if such a thing does take place, then we should also hang our heads in shame.

Regards,
SC

Dear Sristi,

As Swastic mentioned, it is unethical and immoral from the company's side if we decline the offer letter already issued. But there are other issues related to it. Why do you want to decline the offer letter? Is it because there is false information provided by the candidate or something related to the candidate? If so, then yes, you can decline from taking the candidate since the error is from his/her end. Our offer letters usually talk about confirmation of employment after all the facts are confirmed and approved. However, if the company is doing it because they found a better candidate or due to company issues, then it is totally illegal. I think we need to empathize with the candidates as well.

Regards,
Pooja

Dear Pooja,

Does mere empathy sort out the problem? Can anything be done to safeguard the rights of candidates for that?

Regards,
Srishti

Dear Srishti,

By empathizing means we need to understand the situation of the candidate, and of course, it is each recruiter's responsibility that we too should not give away false information to candidates. Finally, they make their career decisions based on the inputs given by the recruiter. Again, there is not much we can do in case a company declines an offer given to a candidate based on their own personal reasons. It is a case similar to where we can't do much when a candidate declines an offer at the last moment when he is just about to join the new company. In this case too, the company does get affected by trusting the candidate. So we should again think about what we could do to safeguard the rights of the company also in such matters.

Regards,
Pooja

Dear Srishti,

The only time a company can refuse is mainly due to the following reasons:

1) Fake documents

2) Being medically unfit

3) Any other valid reasons like injunction issued by court or ban by the government.

Now, for the safeguard of the candidate. As I have already mentioned, an individual is weak and faces many difficulties while fighting a large organization. This is a fault of our Indian system, and we have to accept it as long as we are in India. He or she can approach the court for a remedy, claiming damages and compensation. Another action to take is to publish an ad in the newspaper warning everyone about the company. This will have a more significant effect, especially if you can place it in the supplement like Times Ascent for a greater impact.

Please do not use words like, "Does mere empathy sort out the problem? Can anything be done to safeguard the rights of the candidate for that?"

All types of violations, corruption, and organizations that do not follow any laws exist, and when the authorities are approached, they often turn a blind eye. So, if you are seeking justice, go to court or form an NGO and take up the fight against employee exploitation. Alternatively, you can form a union, become affiliated with CITU, and call for a mass protest.

There are no ready-made solutions, and might often makes right. So, if you have the determination to pursue it, take the matter to court and fight it out.

Regards,

SC

Hi Swastik,

Thank you very much for your reply. Actually, I didn't intend to use those words to offend anyone; I just wanted to know what to do if an individual, per se a candidate, faces such a situation. In the event that this kind of thing happens to anyone, what should an individual do about it? Can you suggest any remedy for that?

Regards,
Srishti