Dear PCRA2011,
You have written that Issue of appointment letter is generally delayed till joining formalities are over, back ground checks are done, and sometimes till the probation period is completed.
Comments: - The above statement does not have any legal sanction. Issue of appointment letter after 15 days is fine but waiting till completion of probation period is outrageous. Leave aside about completion of probation period, however, suppose the Labour Officer visits the premises and observes that appointment letter is not issued even after two months of employment. Suppose he issues the notice on this point. Please confirm what valid reply we can give under such circumstances.
Secondly, you have written that For instance, the so called offer letter is typical of offshore placements in MNCs, to enable the candidate to get Visa/work permit. It makes no sense in domestic employments, and it does not have any legal sanctity.
Comments: - We do not know whether under the provisions of Indian Contract Act, 1872 the court will consider the Offer Letter as contract between job seeker and job provider. On the strength of the offer letter, applicant for the job resigns from his/her existing job. Revoking offer could incur huge losses to the job applicant. Therefore, it could be considered as contract. However, this is my interpretation and I do not have any case law to quote under the contract act.
Final Comments: - More than legal side, the case needs to be looked from professional management practices. Not issuing the offer letter, telling the newly joined employee to wait for three months are all unprofessional practices. This shows lack of self-belief on company's part. If right job candidate is selected, if company has right working practices, then the company earns the trust of the employee to continue. Rather than earning trust, when company resorts to malpractices, they are likely to face the problems mentioned by the originator of the post and they will continue to waste time in these sundry activities. This type of company will never be able to build brand which supposed to be the ultimate goal of any business owner.
Thanks,
Dinesh Divekar
You have written that Issue of appointment letter is generally delayed till joining formalities are over, back ground checks are done, and sometimes till the probation period is completed.
Comments: - The above statement does not have any legal sanction. Issue of appointment letter after 15 days is fine but waiting till completion of probation period is outrageous. Leave aside about completion of probation period, however, suppose the Labour Officer visits the premises and observes that appointment letter is not issued even after two months of employment. Suppose he issues the notice on this point. Please confirm what valid reply we can give under such circumstances.
Secondly, you have written that For instance, the so called offer letter is typical of offshore placements in MNCs, to enable the candidate to get Visa/work permit. It makes no sense in domestic employments, and it does not have any legal sanctity.
Comments: - We do not know whether under the provisions of Indian Contract Act, 1872 the court will consider the Offer Letter as contract between job seeker and job provider. On the strength of the offer letter, applicant for the job resigns from his/her existing job. Revoking offer could incur huge losses to the job applicant. Therefore, it could be considered as contract. However, this is my interpretation and I do not have any case law to quote under the contract act.
Final Comments: - More than legal side, the case needs to be looked from professional management practices. Not issuing the offer letter, telling the newly joined employee to wait for three months are all unprofessional practices. This shows lack of self-belief on company's part. If right job candidate is selected, if company has right working practices, then the company earns the trust of the employee to continue. Rather than earning trust, when company resorts to malpractices, they are likely to face the problems mentioned by the originator of the post and they will continue to waste time in these sundry activities. This type of company will never be able to build brand which supposed to be the ultimate goal of any business owner.
Thanks,
Dinesh Divekar