Candidate Backed Out After Accepting Offer: Can We Hold Documents or Take Legal Action?

Hi,

I have a query. Recently, we offered a candidate a position, and he submitted his documents as assurance that he would join us. Now, he doesn't want to join us. We have waited for a month. Can we hold back his documents? Can we take legal action against him? Can he file an FIR against us?

What documents has he submitted? Are they originals?

Why the need to hold his documents? If he does not want to join, let him go. You will get other employees. Anyway, if you withhold his original documents, he can take legal action.

Dear Nidhi,

By providing an offer letter, you are offering the job to the candidate. If he does not want to join, you cannot force.

Thank you.

Hi,

You cannot take legal action on an offer letter; you are offering a job to the candidate through the offer letter. It is the candidate's choice whether they want to join you or not.

Regards,
Himanshu Pandey
9926999505

Unethical Practices in Employee Document Retention

The worst thing that a company does to its employees is to keep their original documents as security. It gives a feeling that we are still in the Zamindari age. Research done on these types of companies shows a higher rate of attrition. Rather than improving the workplace, they force employees to join and work under them, akin to bonded labor. If you cannot create a conducive work environment, how can you expect someone to work for you? Taking advantage of high unemployment rates and needy individuals is unethical.

Advice for HR Professionals

My advice to all HR professionals working in such environments is to seek opportunities in better organizations. It is often the HR personnel who bear the brunt, as the management team avoids addressing employees who have submitted their documents but still pursue legal action. Instead, all employees who have submitted their documents should consider filing a case against the management.

Please let me know if you need any further assistance.

Regards