Hi all, below is a detailed explanation of an employment agreement issue.
1. I received a call from a small IT firm, and they asked about my willingness to join the company. I initially declined on 2nd November 2020.
2. The HR team insisted on multiple occasions, and eventually, I agreed to proceed with a virtual interview call.
3. I completed two online video interviews and successfully cleared them.
4. When HR asked if I wanted to join, I expressed concerns about the organization's size and job security. However, the CEO requested a call with me.
5. I had a conversation with the CEO, who influenced and convinced me to accept their offer on 9th November 2020.
6. Following this, they sent a 100 rupee stamped employment agreement for me to sign. Initially, I mentioned not reading the agreement, but HR urged me to sign it the same day. Consequently, I digitally signed the agreement on 11th November 2020.
7. I received the finalized copy of the agreement, which only had my signature. Their director had not signed it, yet they referred to it as the final copy on 11th November 2020.
8. After researching more about the company and discovering negative employee reviews online, I decided not to join for the reason of pursuing higher studies. I communicated this to the company on 17th November 2020.
9. Despite my decision, the company persisted and arranged another call with the CEO to persuade me to join. However, I reiterated my choice of not wanting to join this time.
10. My supposed joining date was 20th November 2020, but I joined another company instead.
11. Subsequently, the company claimed I breached the employment agreement by not joining them on 20th November 2020 and demanded a penalty payment on 4th December 2020.
12. A legal notice was dispatched on 15th December 2020, demanding an amount equivalent to two months' salary as stated in their offer letter to be paid within 7 days by 23rd December 2020.
Agreement Clause
On Pre-Joining:
An employee must join the company by or before the specified joining date.
The company reserves the right to modify the joining date or accommodate any date change requests from the candidate. If not feasible, the company can revoke the offer letter.
If an employee fails to report to work on the agreed joining date after accepting the offer, it will be considered a termination triggered by the employee. The company reserves the right to take appropriate action as per the employment agreement.
Legal Notice
The legal notice demands two months' salary on the grounds of recruitment process expenses and reputation damage.
My Question
Is the agreement legally binding if the final version I received lacks the employer's seal, signature, date, or any other verification?
What steps should I take next, and how should I respond to this situation?
Please suggest any advice you might have.
From India, Kota
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1. I received a call from a small IT firm, and they asked about my willingness to join the company. I initially declined on 2nd November 2020.
2. The HR team insisted on multiple occasions, and eventually, I agreed to proceed with a virtual interview call.
3. I completed two online video interviews and successfully cleared them.
4. When HR asked if I wanted to join, I expressed concerns about the organization's size and job security. However, the CEO requested a call with me.
5. I had a conversation with the CEO, who influenced and convinced me to accept their offer on 9th November 2020.
6. Following this, they sent a 100 rupee stamped employment agreement for me to sign. Initially, I mentioned not reading the agreement, but HR urged me to sign it the same day. Consequently, I digitally signed the agreement on 11th November 2020.
7. I received the finalized copy of the agreement, which only had my signature. Their director had not signed it, yet they referred to it as the final copy on 11th November 2020.
8. After researching more about the company and discovering negative employee reviews online, I decided not to join for the reason of pursuing higher studies. I communicated this to the company on 17th November 2020.
9. Despite my decision, the company persisted and arranged another call with the CEO to persuade me to join. However, I reiterated my choice of not wanting to join this time.
10. My supposed joining date was 20th November 2020, but I joined another company instead.
11. Subsequently, the company claimed I breached the employment agreement by not joining them on 20th November 2020 and demanded a penalty payment on 4th December 2020.
12. A legal notice was dispatched on 15th December 2020, demanding an amount equivalent to two months' salary as stated in their offer letter to be paid within 7 days by 23rd December 2020.
Agreement Clause
On Pre-Joining:
An employee must join the company by or before the specified joining date.
The company reserves the right to modify the joining date or accommodate any date change requests from the candidate. If not feasible, the company can revoke the offer letter.
If an employee fails to report to work on the agreed joining date after accepting the offer, it will be considered a termination triggered by the employee. The company reserves the right to take appropriate action as per the employment agreement.
Legal Notice
The legal notice demands two months' salary on the grounds of recruitment process expenses and reputation damage.
My Question
Is the agreement legally binding if the final version I received lacks the employer's seal, signature, date, or any other verification?
What steps should I take next, and how should I respond to this situation?
Please suggest any advice you might have.
From India, Kota
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The absence of the employer's seal, signature, or other verification elements in the final version of the agreement raises questions about its legal validity. In this situation, it is crucial to assess the enforceability of the agreement based on labor laws and contractual regulations in India. Here are steps to consider:
1. Consult a Legal Professional: Seek guidance from a legal expert specializing in labor laws to evaluate the agreement's validity without the employer's signature.
2. Review the Agreement: Carefully review the terms and conditions outlined in the agreement to understand your rights and obligations as per the document.
3. Respond to the Legal Notice: Craft a formal response to the legal notice within the stipulated timeframe, highlighting your concerns regarding the agreement's completeness and legality.
4. Negotiate an Amicable Solution: Initiate discussions with the company to resolve the issue amicably, considering factors such as the lack of complete documentation and your decision not to join based on valid reasons.
5. Document Communication: Maintain a record of all communications, including emails, letters, and notices exchanged with the company regarding the employment agreement breach.
6. Seek Mediation: If necessary, explore the option of mediation to reach a mutually acceptable resolution with the company.
7. Consider Legal Action: If efforts to resolve the matter informally are unsuccessful, evaluate the feasibility of legal action with the assistance of your legal counsel.
Remember, each step should be approached thoughtfully and strategically to protect your rights and interests in this employment agreement dispute.
From India, Gurugram
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541. Consult a Legal Professional: Seek guidance from a legal expert specializing in labor laws to evaluate the agreement's validity without the employer's signature.
2. Review the Agreement: Carefully review the terms and conditions outlined in the agreement to understand your rights and obligations as per the document.
3. Respond to the Legal Notice: Craft a formal response to the legal notice within the stipulated timeframe, highlighting your concerns regarding the agreement's completeness and legality.
4. Negotiate an Amicable Solution: Initiate discussions with the company to resolve the issue amicably, considering factors such as the lack of complete documentation and your decision not to join based on valid reasons.
5. Document Communication: Maintain a record of all communications, including emails, letters, and notices exchanged with the company regarding the employment agreement breach.
6. Seek Mediation: If necessary, explore the option of mediation to reach a mutually acceptable resolution with the company.
7. Consider Legal Action: If efforts to resolve the matter informally are unsuccessful, evaluate the feasibility of legal action with the assistance of your legal counsel.
Remember, each step should be approached thoughtfully and strategically to protect your rights and interests in this employment agreement dispute.
From India, Gurugram
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Legal Notice for Breach of Notice Period .docx