Can I reject the appointment letter after joining?
I joined the company on the 1st of April '21 and was provided the appointment letter 10 days after joining, with the mentioned date of 1st April '21. However, I have not been working for the last 5 days.
Some of the terms and conditions mentioned in the appointment letter were not acceptable to me, such as:
- The salary compensation paid is less than the responsibilities to be carried out.
- The notice period was stated as 60 days, while the employer's termination period is only 7 days' notice.
- A bond system of 2 years was mentioned, along with the requirement to submit original documents.
Please advise me on whether there may be any problems if I refuse to accept the appointment letter and discontinue working.
Thank you.
From India, Ahmedabad
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I joined the company on the 1st of April '21 and was provided the appointment letter 10 days after joining, with the mentioned date of 1st April '21. However, I have not been working for the last 5 days.
Some of the terms and conditions mentioned in the appointment letter were not acceptable to me, such as:
- The salary compensation paid is less than the responsibilities to be carried out.
- The notice period was stated as 60 days, while the employer's termination period is only 7 days' notice.
- A bond system of 2 years was mentioned, along with the requirement to submit original documents.
Please advise me on whether there may be any problems if I refuse to accept the appointment letter and discontinue working.
Thank you.
From India, Ahmedabad
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"Look before you leap" is a meaningful proverb in all real-life situations, and employment is not an exception. Your narrative shows that you only half-heartedly accepted the appointment and joined the company. However, you cannot now negate and nullify your appointment just like that for the obvious reasons you stated. You have to strictly follow the rules of exit before you move out. Otherwise, you would be in for more trouble in the future, and in fact, it will adversely affect your employability elsewhere.
From India, Salem
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6108From India, Salem
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Dear member,
While you have asked the query, before giving any suggestions, we would like to know the complete facts of the case. Therefore, please provide the following information:
a) Were the terms and conditions of the employment disclosed during the job interview or at any time during the recruitment process? Were the terms and conditions mentioned in the offer letter?
b) When did you join the company and when was the appointment letter issued? What is the difference between the two?
c) Have you accepted the appointment letter? Have you just acknowledged the receipt of the appointment letter or have you accepted the terms and conditions of the letter also? Have you given the company any separate letter on acceptance of the terms and conditions of the appointment letter?
d) Why have you stopped reporting for duties? What is the reason?
e) You say that the compensation offered is less. However, during the recruitment, was the topic of compensation discussed? Did you agree to the offered amount? Is it that the amount agreed upon was more but when you actually joined the duties, the amount offered was less? If yes, then by what amount?
Position of Indian Contract Act, 1872
The appointment letter is a contract and any contract is legally enforceable provided both parties agree to it. The terms and conditions of the contract should be acceptable to both parties. Yes, as Mr. Umakanthan Sir has pointed out, you could have asked for a copy of the appointment letter through email or on a simple A4 sheet, understood the terms and conditions, and then joined the company. However, not many companies agree to do it.
Nevertheless, you don't have to lose complete hope. No company can force employment on you. If a few terms and conditions of the employment are not acceptable, then write to the MD of the company which terms are not acceptable to you and what change you propose. Let us wait for the reply. Lastly, please note that it is better to handle this case under the provisions of the Indian Contract Act, 1872, rather than regular labor laws.
Thanks,
Dinesh Divekar
From India, Bangalore
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While you have asked the query, before giving any suggestions, we would like to know the complete facts of the case. Therefore, please provide the following information:
a) Were the terms and conditions of the employment disclosed during the job interview or at any time during the recruitment process? Were the terms and conditions mentioned in the offer letter?
b) When did you join the company and when was the appointment letter issued? What is the difference between the two?
c) Have you accepted the appointment letter? Have you just acknowledged the receipt of the appointment letter or have you accepted the terms and conditions of the letter also? Have you given the company any separate letter on acceptance of the terms and conditions of the appointment letter?
d) Why have you stopped reporting for duties? What is the reason?
e) You say that the compensation offered is less. However, during the recruitment, was the topic of compensation discussed? Did you agree to the offered amount? Is it that the amount agreed upon was more but when you actually joined the duties, the amount offered was less? If yes, then by what amount?
Position of Indian Contract Act, 1872
The appointment letter is a contract and any contract is legally enforceable provided both parties agree to it. The terms and conditions of the contract should be acceptable to both parties. Yes, as Mr. Umakanthan Sir has pointed out, you could have asked for a copy of the appointment letter through email or on a simple A4 sheet, understood the terms and conditions, and then joined the company. However, not many companies agree to do it.
Nevertheless, you don't have to lose complete hope. No company can force employment on you. If a few terms and conditions of the employment are not acceptable, then write to the MD of the company which terms are not acceptable to you and what change you propose. Let us wait for the reply. Lastly, please note that it is better to handle this case under the provisions of the Indian Contract Act, 1872, rather than regular labor laws.
Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Friend,
At this stage, you cannot reject or refuse your appointment after joining the company. You are left with one option: to resign and work until the completion of your 60-day notice period. If you do not do so, your company may prosecute you for breach of contract.
The terms of termination with a 7-day notice are not legally sound, and holding original testimonials is also illegal.
It would be best for you to resign immediately, citing the reason that the appointment letter issued is not as per our discussed terms and conditions. The appointment letter was issued to me after 10 days of joining by hiding the facts from me. Therefore, the terms of the notice period do not apply to me as the appointment letter was not issued to me prior to joining.
You can consult a lawyer to get their opinion in addition to our suggestion.
From India, Mumbai
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At this stage, you cannot reject or refuse your appointment after joining the company. You are left with one option: to resign and work until the completion of your 60-day notice period. If you do not do so, your company may prosecute you for breach of contract.
The terms of termination with a 7-day notice are not legally sound, and holding original testimonials is also illegal.
It would be best for you to resign immediately, citing the reason that the appointment letter issued is not as per our discussed terms and conditions. The appointment letter was issued to me after 10 days of joining by hiding the facts from me. Therefore, the terms of the notice period do not apply to me as the appointment letter was not issued to me prior to joining.
You can consult a lawyer to get their opinion in addition to our suggestion.
From India, Mumbai
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