How Do You Handle New Hires Denying Agreed Terms After Joining? Let's Discuss Solutions

Please help me with the terms and conditions of employment that every new hire has to sign at the time of joining/appointment. This should include availability to work any shift 24/7, maintaining performance at an acceptable level, etc.

Often, candidates face issues where they verbally agree to all terms but later deny them, which can impact the process and the organization.

Dear Arrun,

Readiness to work in any shift 24x7, maintaining acceptable performance levels, etc., are the general conditions of employment. While recruiting, your competitors in the same industry segment might impose similar conditions. So, even after verbally accepting the conditions during the job interview, if the candidates renege on the same while joining the company, then there could be more to it than meets the eye. The reasons for declining the job offer could be different from what they appear to you. Therefore, you need to investigate why the job candidates decline the job offer.

Remedial Measures for Job Offer Decline

One remedial measure is to mention the job requirements in the offer letter itself. Additionally, you need to include a clause on honoring the offer. If either party fails to honor the offer, then penalties could be imposed. The amount of the penalty could be one or two months' gross salary. To draft this type of offer, you need to consult a practicing lawyer who handles cases related to the Indian Contract Act, 1872. However, you need to experiment to determine whether this formula works or not.

Thanks,

Dinesh Divekar