How to Handle a Candidate Delaying Their Start Date After Accepting the Offer?

Lavanya Kumaresan
Dear Cite HR,

I work for a small IT company with 100+ employees. I interviewed a candidate, and during his interview, he accepted to join within 15 days. However, he has now extended his notice period and conveyed that he's interested in joining but can do so only after 15 days due to some issues. Kindly help me with how to sort out this issue.

Thanks & Regards,
Lavanya Kumaresan
9871103011
Dear Lavanya Kumaresan,

It is not clear from your query as to whether you have issued him any Offer/Appointment letter where you have mentioned any time limit within which he needs to join, or if it is simply during the interview that he had assured to join within 15 days. If you haven't issued any Offer/Appointment letter, he is under no obligation to join you at a date fixed by you. No action can be taken against him.

BS Kalsi, Member since August 2012
jeevarathnam
Hi Lavanya.

Yes, there is no legal binding as shared by other friends, and it happens with many organizations across sectors, mostly with IT/ITES. If you feel that he/she is a potential candidate, it is better to wait for 15 days more to consider on board. It is always advisable to have a back-up option as well, as there are chances that once the job is offered, there might be a no-show.
9871103011
I agree with Sh. Jeevarathnam that there is no harm in waiting for 15 days (which, in my mind, is not a big time gap) if you are really keen to have him in your fold. The organization will not suffer without him.

BS Kalsi,
Member since August 2011
Lavanya Kumaresan
Dear all,

Thank you for the comments! I agree with the points you have mentioned. However, issues such as no-shows during interviews or onboarding are very disappointing. Unfortunately, there is no remedy for such things in labor law. As mentioned, let me wait until November 10th. I hope for the best.
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