Dear friends,
Simply put, the question here is in a contract of employment whether the offeree i.e the employee can later repudiate his/her acceptance already communicated. The answer can only be an emphatic "NO" with reference to the Indian Contract Act,1872. Only such a legal position enables the offeror I.e the prospective employer to sue for damages already mentioned and accepted. Whether it is reasonable is a question to be decided by the Court only. Similarly, the prospective employee can simply ignore it under the impression that"nothing ever happens" and accept a more beneficial offer that comes later. But everyone should be law-abiding!
From India, Salem
5967Simply put, the question here is in a contract of employment whether the offeree i.e the employee can later repudiate his/her acceptance already communicated. The answer can only be an emphatic "NO" with reference to the Indian Contract Act,1872. Only such a legal position enables the offeror I.e the prospective employer to sue for damages already mentioned and accepted. Whether it is reasonable is a question to be decided by the Court only. Similarly, the prospective employee can simply ignore it under the impression that"nothing ever happens" and accept a more beneficial offer that comes later. But everyone should be law-abiding!
From India, Salem
It is is better to personally meet the concerned HR Head and share your concerns with him. A dialogue is much better solution than an escape route. All the best...
From India
From India
Is this real query? It is seen that very same query, verbatim (even with the very same errors), had been posted had been posted in the thread https://www.citehr.com/470887-can-co...candidate.html in a highly informing discussion initiated by Swati.
Hi,
I was recently selected for an organization where in the Offer Letter there was a clause of Breach of Contract. It said that if I do not join I will have to pay 8% of the annual CTC. I took the job because I liked the role but I did oppose the clause, since as a candidate I wanted to look at other options which suited my career path too. They did not agree and said they put this clause since many people do not inform or do not report on the date of joining without intimation. But now before 3 weeks of my joining I want to inform them that I wish to decline since I got an offer from my dream company yesterday.
My question is that if they do not agree and I cannot pay the amount can they file a case against me. This may be termed unprofessional but I signed because at that time I did not have any other offer. I had been waiting for his other company's call and now that I have it I do not want to miss it.
Regards,
Jobcandidate
14th December 2015 From India, Gurgaon
From India, Kochi
Hi,
I was recently selected for an organization where in the Offer Letter there was a clause of Breach of Contract. It said that if I do not join I will have to pay 8% of the annual CTC. I took the job because I liked the role but I did oppose the clause, since as a candidate I wanted to look at other options which suited my career path too. They did not agree and said they put this clause since many people do not inform or do not report on the date of joining without intimation. But now before 3 weeks of my joining I want to inform them that I wish to decline since I got an offer from my dream company yesterday.
My question is that if they do not agree and I cannot pay the amount can they file a case against me. This may be termed unprofessional but I signed because at that time I did not have any other offer. I had been waiting for his other company's call and now that I have it I do not want to miss it.
Regards,
Jobcandidate
14th December 2015 From India, Gurgaon
From India, Kochi
Dear Friend,
1. Please do not bother about the offer if the offer is conditional e.g. subject to being medically fit or subject to back ground verification if the offer is unconditional the you may have a legal problem in the future.
2. Let the company go & file the suit against you, so what, contest in the court of law. Not a big deal. Employers keep on bullying. They can not hang your future on a thread.
3. In case the offer is conditional that you refuse to accept the conditional offer & go ahead with the new offer. Please check if your offer mentions that it can be withdrawn even after acceptance then it is in your favour.
4. In future, before accepting any offer please study the offer letter carefully seek clarifications & then only accept.
5. Every employer thinks that they are the best employers in the world & best of service conditions but this is a myth in case of big majority of employers.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
1. Please do not bother about the offer if the offer is conditional e.g. subject to being medically fit or subject to back ground verification if the offer is unconditional the you may have a legal problem in the future.
2. Let the company go & file the suit against you, so what, contest in the court of law. Not a big deal. Employers keep on bullying. They can not hang your future on a thread.
3. In case the offer is conditional that you refuse to accept the conditional offer & go ahead with the new offer. Please check if your offer mentions that it can be withdrawn even after acceptance then it is in your favour.
4. In future, before accepting any offer please study the offer letter carefully seek clarifications & then only accept.
5. Every employer thinks that they are the best employers in the world & best of service conditions but this is a myth in case of big majority of employers.
Warm Regards
Bharat Gera
HR Consultant
9322404765
From India, Thane
If prospective employee is liable to compensate the company for not joining,the company should compensate the candidate if it cancels an offer. Varghese Mathew
From India, Thiruvananthapuram
From India, Thiruvananthapuram
There is no binding on somebody unless and until s/he becomes an employee. Hence, no action could be taken in such case if the person has initially accepted the offer but later expressed his denial on account of some reasons.
Rgds
Piyush
From India, Varanasi
Rgds
Piyush
From India, Varanasi
Hello Concerned
But this routine habit of people accepted the offer latter and near the joining date, excuses like they have better opportunity many time do not picked the phone calls from HR.
When an employee accept the offer latter this is on his/her own will, no one force them.
Consider the fact that company invest huge amount of money and time to shortlist and recruit one employee, and when he/she accept the offer later to join on 1 or 2 month notice then company get assured that one position is fulfilled. And when near to joining date company hear that employee is not joining then it is again same exercise.
I read comments that company shortlist 2-3 employees when require one, that is not correct every time.
Anything on this? Is it not unprofessional? And take it reverse if company deny employee near to joining date then?
These days I think no ethics are there, I am not saying employee is the only culprit some companies are also doing bad.
So in my opinion employee should think before accepting the offer latter and once accepted they should honor that.
From India, Ludhiana
But this routine habit of people accepted the offer latter and near the joining date, excuses like they have better opportunity many time do not picked the phone calls from HR.
When an employee accept the offer latter this is on his/her own will, no one force them.
Consider the fact that company invest huge amount of money and time to shortlist and recruit one employee, and when he/she accept the offer later to join on 1 or 2 month notice then company get assured that one position is fulfilled. And when near to joining date company hear that employee is not joining then it is again same exercise.
I read comments that company shortlist 2-3 employees when require one, that is not correct every time.
Anything on this? Is it not unprofessional? And take it reverse if company deny employee near to joining date then?
These days I think no ethics are there, I am not saying employee is the only culprit some companies are also doing bad.
So in my opinion employee should think before accepting the offer latter and once accepted they should honor that.
From India, Ludhiana
Yes, you can cancel the offer but you need to communicate your intention of cancelling the offer and at the same time put a counter offer with conditions. Once you put a counter offer the original offer is null and void.
From India, Mumbai
From India, Mumbai
Inform the recruiter about your cancellation and go ahead to your dream job. Company will not be waste their time and money by file case. You had not accept offer on any bound paper or any court paper. Mainly offer letters not shown the offered salary then how can they proof your CTC.
From India, Solan
From India, Solan
Hi
Candidates accept our offer. Insist on offer letter being issued before joining date so that they can quit the earlier job/stop job search. In all good faith, HRD issue an offer. They use the offer letter to leverage a higher offer. Else they join either to void a break in service while searching for a new job or join after a break in service to show that they are in service, get 1-2 paystubs and quit abruptly even without serving notice period. In either situation, HRD is back in square one. Apparently, ethics are different when we are employees and when we are employers.
JS
From India, Chennai
Candidates accept our offer. Insist on offer letter being issued before joining date so that they can quit the earlier job/stop job search. In all good faith, HRD issue an offer. They use the offer letter to leverage a higher offer. Else they join either to void a break in service while searching for a new job or join after a break in service to show that they are in service, get 1-2 paystubs and quit abruptly even without serving notice period. In either situation, HRD is back in square one. Apparently, ethics are different when we are employees and when we are employers.
JS
From India, Chennai
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