I received an offer from a company, and I accepted it. They asked me to join in two days, but as I need to serve two months' notice, I said it was not possible. They then insisted that I attend their company event, which was scheduled after two days. I agreed to attend by explaining that I would only be able to join after two months. Subsequently, they had me sign a declaration stating that I am part of the event and confirming my commitment to join their company. The declaration also mentioned that they could take legal action against me if I did not join. Now, if I don't join, will they sue me? Please advise.
From India, Bengaluru
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From India, Bengaluru
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Understanding the Implications of Attending a Company Event Before Joining
Attending a company event and joining the company are two separate things. Why you have combined these two actions is not clear. Moreover, your joining is about two months away. Had it been even two weeks later, I would not have recommended you attend the event. Attending the event would have been justified only if your joining was just a few days later.
It appears that the HR of your future company used the event as a strategy to secure a declaration for joining. Let me explain why they might have done this. When an employee resigns upon receiving a new job opportunity, their current company often negotiates to retain them. After a salary hike or assurance for a salary hike, such employees may not join the new company. The worst scenario is a "no show" on the date of joining by a job candidate. This leaves the company, especially HR, in a difficult position. Therefore, by obtaining a declaration from you, your future company's HR has secured themselves.
Against this backdrop, what we need to know is what kind of declaration you have given. Did you provide an affidavit, or was it a bond between you and a senior official of the company, or was the declaration on just plain paper?
Thanks,
Dinesh Divekar
From India, Bangalore
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8072Attending a company event and joining the company are two separate things. Why you have combined these two actions is not clear. Moreover, your joining is about two months away. Had it been even two weeks later, I would not have recommended you attend the event. Attending the event would have been justified only if your joining was just a few days later.
It appears that the HR of your future company used the event as a strategy to secure a declaration for joining. Let me explain why they might have done this. When an employee resigns upon receiving a new job opportunity, their current company often negotiates to retain them. After a salary hike or assurance for a salary hike, such employees may not join the new company. The worst scenario is a "no show" on the date of joining by a job candidate. This leaves the company, especially HR, in a difficult position. Therefore, by obtaining a declaration from you, your future company's HR has secured themselves.
Against this backdrop, what we need to know is what kind of declaration you have given. Did you provide an affidavit, or was it a bond between you and a senior official of the company, or was the declaration on just plain paper?
Thanks,
Dinesh Divekar
From India, Bangalore
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It was on a normal paper on which it was printed as follows:
I am attending a yearly meeting and so would confirm that I will join their company. If I choose not to join the company, then they can take legal action against me.
From India, Bengaluru
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I am attending a yearly meeting and so would confirm that I will join their company. If I choose not to join the company, then they can take legal action against me.
From India, Bengaluru
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Dear Chiranjeevi,
Since the declaration was on plain paper, it carries no meaning. However, the episode sheds light on the company's culture. If you have not resigned from your current company, it would be advisable to consider whether to join this company or not. Your potential future company seems to be excessively dominating and lacks regard for employee relations.
Thanks,
Dinesh Divekar
From India, Bangalore
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Since the declaration was on plain paper, it carries no meaning. However, the episode sheds light on the company's culture. If you have not resigned from your current company, it would be advisable to consider whether to join this company or not. Your potential future company seems to be excessively dominating and lacks regard for employee relations.
Thanks,
Dinesh Divekar
From India, Bangalore
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This kind of declaration has no legal value. As learned member Dinesh rightly mentioned, it speaks volumes of the culture of the company. Was the job offer in writing? No one can force you to join this company-declaration or no declaration.
From India, Pune
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From India, Pune
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Attending a company event does not make you an employee. By the way what did you reply to the company email offer?
From India, Pune
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From India, Pune
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Job Offer Acceptance and Event Commitment
I would like to thank you for offering me a job in your esteemed organization. I am very pleased to accept your offer. My joining date will be updated once I have a discussion with my current organization's HR. Thanking you.
I received the offer on the 25th of January, and they had an event on the 26th about their 2015 achievements and 2016 goals with a networking dinner. The director said I need to be a part of this event. I signed a standard printed declaration stating that I would attend this event upon joining the company, and if not, they could take legal action against me.
They actually doubted whether I would join their company or not. The HR, director, and regional head all inquired about my seriousness to join and expressed their anticipation for my joining. Even after the event concluded, they reiterated the same sentiment.
Regards
From India, Bengaluru
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I would like to thank you for offering me a job in your esteemed organization. I am very pleased to accept your offer. My joining date will be updated once I have a discussion with my current organization's HR. Thanking you.
I received the offer on the 25th of January, and they had an event on the 26th about their 2015 achievements and 2016 goals with a networking dinner. The director said I need to be a part of this event. I signed a standard printed declaration stating that I would attend this event upon joining the company, and if not, they could take legal action against me.
They actually doubted whether I would join their company or not. The HR, director, and regional head all inquired about my seriousness to join and expressed their anticipation for my joining. Even after the event concluded, they reiterated the same sentiment.
Regards
From India, Bengaluru
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I actually applied for an infra sales role, and after several rounds, they said that I don't fit for the role they had in mind. However, they mentioned that they would consider me for a new role, and eventually confirmed a KAM role. They were not sure whether I was seriously considering joining their company or just seeking a salary hike in my current organization.
From India, Bengaluru
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From India, Bengaluru
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Legal Importance of Declarations on Plain Paper
A declaration given on plain paper does have legal importance. It is incorrect to assume that such a document carries no meaning or legal value. Not all declarations need to be on stamp paper. If we accept this proposition, then every resignation letter would also need to be on stamp paper.
On the other hand, a resignation letter, even if obtained on stamp paper, needs to be proven if denied and challenged by the employee. Normally, appointment orders, transfer orders, promotion orders, termination orders, and similar documents are issued on non-stamp paper. However, they are equally effective, operative, and legally challengeable in courts.
So, my suggestion is to give equal importance to anything written on paper, whether it is stamp paper or plain paper, and not to take such communication casually.
From India, Kolhapur
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A declaration given on plain paper does have legal importance. It is incorrect to assume that such a document carries no meaning or legal value. Not all declarations need to be on stamp paper. If we accept this proposition, then every resignation letter would also need to be on stamp paper.
On the other hand, a resignation letter, even if obtained on stamp paper, needs to be proven if denied and challenged by the employee. Normally, appointment orders, transfer orders, promotion orders, termination orders, and similar documents are issued on non-stamp paper. However, they are equally effective, operative, and legally challengeable in courts.
So, my suggestion is to give equal importance to anything written on paper, whether it is stamp paper or plain paper, and not to take such communication casually.
From India, Kolhapur
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If this declaration has legal importance, then what are the actions that can be taken? I know it was a mistake made by me, but if I don't adhere to this declaration now, can this lead to serious consequences? Please advise.
From India, Bengaluru
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From India, Bengaluru
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"I am just to clarify that a declaration given on plain paper has legal importance."
Fully agree. Here in the circumstances described, it was opined that the declaration had no real legal value. I have attended an event so I will join your company does not make sense. One joins a company after a proper interview, offer, and acceptance process.
From India, Pune
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Fully agree. Here in the circumstances described, it was opined that the declaration had no real legal value. I have attended an event so I will join your company does not make sense. One joins a company after a proper interview, offer, and acceptance process.
From India, Pune
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