Feeling Trapped by a Job Offer? Navigating Unexpected Terms and Conditions Before Joining

Hi, I have signed an appointment letter with Company X. Along with this, I had another offer with Company Y. Company X didn't give me an offer letter and gave me 5 minutes to sign the appointment letter. They didn't get the witness to sign in front of me. When I asked, they said they would get it signed by their employees afterward. There was a section in the appointment letter stating that I need to pay 3 months' salary if I don't join by the committed date, which is 75 days from the date of signing this letter. The person who referred me to Company X had given me good feedback. When I asked the HR about employee layoffs and bonds that I need to sign after joining the company, they said no layoffs and no bonds are required. To my utter surprise, I heard a few interesting things about the company from an ex-employee 15 days before joining. He said there were 6 employees laid off in the past 2 years, and the employee needs to sign a bond of 2 years initially for the training.

Decision to Decline Offer from Company X

Upon receiving the training I was provided, I reconsidered my decision to join Company X. I promptly emailed them, expressing my inability to join their company 14 days before the committed date. However, the situation took a disturbing turn as they incessantly called me and sent intimidating messages, warning of legal action by their department if I did not comply with the appointment letter and join their company. Furthermore, I heard reports of them harassing the employee who referred me and pressuring him to ensure my acceptance.

Given the unprofessional conduct displayed by Company X, I decided not to proceed with joining and communicated my decision via email 9 days before the agreed-upon date. Subsequently, their HR department contacted me, demanding payment equivalent to 3 months' salary as liquidated damages for my failure to join, attaching a PDF marked "BY RPAD" and setting a one-week deadline for response.

I am unable to afford such a substantial payment and, given the circumstances, have no intention of joining the company. Could you please advise me on the best course of action moving forward? Thank you.

You don't have to worry a wee bit. A bond is held legally, and the company is at an advantage if they have something substantial to prove that they had made a heavy investment in an employee, and hence the bond is important. You have not even started work—no training imparted, nothing! Please go ahead and join the company of your choice. Best wishes and have a fruitful career.

Thanks, Pankaj. But I am worried about the RPAD notice sent by HR to pay the 3 months' salary within a week. Do I need to respond to the HR email? I am having some sleepless nights.

You don't have to worry. Check the contents of the Registered Post with Acknowledgement Due (RPAD) notice. You could scan and mail that as well as the appointment letter to [Email Removed For Privacy Reasons]. If not possible, I am sure you have enough seniors in the family or relations who can affirm that you have nothing to bother about.

Don't worry. Just ignore their email. If they call you, tell them that their clause is not legally tenable since it is against the principles of natural justice.

Join the better company and have a great career ahead.

Cheers

Do Not Panic

It was an offer letter/appointment letter/bond. If this is the case, you don’t need to join that company. They are only trying to build pressure on you. I believe they are following illegal practices and cannot go to a court of law. Hope this helps you.

Just do not worry. You are at liberty to choose to work or not to work, just as much as companies have the right to select or reject you. I suggest that you do not even receive the RPAD letter. This company X, by threatening to sue you with an RPAD, is just "baseless threatening," and let me assure you nothing will happen. What have they invested in you so far, except their time to interview you, and that is in any way a part of their work, for which they are employed and are paid for.

This is like you are walking in a bazaar, you stopped to look at something, you inquired the price after taking the particular product in your hand, and then the trader demanding money from you even before you've made a decision. And when you have some doubts, you decline buying it and the trader, threatening you as if you've been caught robbing.

Just ignore and let it go off as a bad experience, and thank the Almighty that it didn't happen after your joining them. If you did and wanted to quit after realizing that there were some things wrong, it could have been a little more painful and worse.

Having said all this, let me confess that in my career this is the first time I'm hearing of an incident that is atrocious and ridiculous. I am also amazed that such companies exist.

Hope and pray that this is not a "D" company because in only those companies you can't go back after the first meeting. Once in, "forever" in.

Best wishes, feel liberated, and enjoy in the place you are making your next move.

Warm regards,

Regards

Just wanted to chime in on this and gather opinions/facts from others. What I understand is that an agreement (not a bond) to join at a specified date has been entered into with a provision of certain damages if the agreement is not adhered to. Whether the same was signed on short notice of only 5 minutes, etc., is, to my mind, not very relevant since both parties were at equal liberty to decline or ask for more time.

Sanctity of the Agreement

What is the sanctity then of this agreement? Is it similar to a contract? If there is no sanctity, what if the reverse happens? The candidate resigns from his present job, is preparing to join the next one, and then receives just an email/registered letter withdrawing the offer. What recourse does he have then? Given the judicial system in India, no one wants to file and fight a protracted legal case. But what is the law? Would appreciate learning from others - please quote relevant Acts/Sections and cases if possible.

Regards

I agree with you. But think if the candidate had hidden a few pieces of information about his employment/education, like maybe using some fake certificates/experience or actually lied to a few of the questions asked by the Company at the time of the interview. The Company came to know about this during their background verification or heard about him from someone, wouldn't the company go ahead and cancel the agreement? If they had the right to do so, then why didn't the candidate have this option?

Concerns About Withholding Information

From the day I received the appointment letter, they had pressured me to hand over my passport without providing any details about the travel or the bond thereafter. Isn't this a form of withholding the truth? The same company behaved similarly when I informed them that I would not be joining their company.

The candidate mentioned that he had to pay 5 lakhs to his current employer due to a bond with them. The HR Manager said, "I am speaking from experience, you do not need to pay anything to your company as 5 lakhs is a significant amount, and they will not take action against you. You have received your salary, just resign and join our company. We are willing to hire you without a relieving letter. In the future, you can use our company's background verification."

When I confirmed again that I would not be joining, the same HR person blackmailed me through an SMS, threatening legal action if I did not comply.

Need for Agreement Cancellation Provisions

During an interview or in the days following, most candidates are unaware of the company they are interviewing with. Regarding your discussion on agreements, there should be a provision for canceling the agreement from both parties before commencement, specifying the timeframe for cancellation. Otherwise, it could be seen as pressuring a party that is not interested.

Let me know if you need further assistance.

Regards.

One can always discuss the pros and cons, right and wrong, etc., but that was not my query. It will obviously vary per case, circumstances, and which side of the fence one is on at any particular time. As already asked, please provide the relevant legal acts, sections, and case precedents if any.

Thanks!