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omguruom
Suppose we select an employee to join our organization & give him an offer letter or appointment letter so an employee tell us that I will be join your organization after 1 month due to notice period of his company .. After 10 days our management decide that we have no need of this employee and the other site that is from an employee site, an employee has been already resigned from his current esteemed company because of getting new opportunity. so, as an employee what should he do in this case? and also as an employer can we do this type of action against an employee?

Please reply...

Moreover, when we informed to an employee that we have no need of you right now and so now, you can find out another job or can rejoin your previous company… so, which types of actions can an employee taking against the management of new offered company?

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After arguments of an employee the new offered company do ready to join an employee but the new offered company is informed him that after one month we will be terminated you from our esteemed organization so in this case what should an employee do?

Please reply….

From India
tsivasankaran
367

Offer and acceptance is a contract. Unilateral termination before the employee joins is illegal and the person can sue the Company for compensation. But it takes time and the quantum can not be defined .The person can even sue for damages and mental agony and he is sure to win.
The Company can take him in rolls and terminate on expiry of probation period.
It is not only unethical but illegal to tell the person that his services would be terminated on completion of one month.
The remedy lies in the Indian Contract Act.

From India, Chennai
sharmila yadav
14

How can you provide a appointment letter until employe join kindly change your rules as per the rules u can only provide a offer letter that you can terminate or cancel it but after providing appointment you can do it
but management in private firm can do any thing evan my company do the same thing evan i faced very embressed in front of those employee but we provide only offer letter so we r safe.
Change your rules dnt give appointment letter until employ join

From India, Delhi
tsivasankaran
367

When an offer is made by the Company and the person to be engaged signs and returns the offer letter, the contract starts. If the person does not join by the stipulated time, then you can say the contract is not in vogue.
The terms Appointment letter and offer letters are not understood correctly.
Just because one Company issues Appointment letter at the time of Joining, it does not mean there is no contract
In my career I actually stopped issuing Appointment letters. I used to make the offer letter elaborate so that there is no ambiguity.

From India, Chennai
executor
139

Every person who thinks a contract is only one that comes with an appointment letter should realize that even verbal communication, email correspondence and all forms of communique are maintainable under law as "contracts". The typical appointment letter or the Employee handbook - is just a formal document that sets a base. But any contraventions, allowed by the management or through mutual consent - applies to both parties as a CONTRACT.
From India, Mumbai
purushothama62
3

sharmla yadav
the letter issued is offer letter, not appintment letter, offer is a contract and and it is an assurance to the employee as well as employer, the employer has to think before essue of offer letter

From India, Bangalore
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