Job offer revocation
Reetu Dwivedi
(Querist) 12 April 2012
This query is : Resolved
Dear Experts,
Once accepted by the candidate, can a job offer be revoked by employer without giving any reason.
Deepak Nair
(Expert) 12 April 2012
Yes. If circumstances demand.
But, the candidate can claim damages if he/she suffer any loss due to the said revocation.
Elaborate your query a bit and put some more details to get a satisfactory answer.
Reetu Dwivedi
(Querist) 12 April 2012
If she is a female candidate and pregnant for 5 months and, she discloses it after accepting the offer.Is is legal to revoke offer.
Adv.R.P.Chugh
(Expert) 12 April 2012
Ms.Prabha,
Normally contract once made cannot be unilaterally revoked - only both parties can discharge each other from obligation by novatio/accord and satisfaction.
In the present case :-
Was she required to disclose such a thing ? Merely keeping silent normally does not amount to fraud - unless silence itself is equivalent to speech or there is a duty to speak. If she was under a duty to disclose such a thing - she has done suggestio falsi (Telling falsehood) and the contract becomes voidable at your option. You can rescind the contract - and even claim to be restored to the position the company were before she was hired (as in if any expenses incurred on her training etc) (Restitutio Ad interegnum.
Devajyoti Barman
(Expert) 12 April 2012
One should understand the fundamental difference between cancellation of agreement and the damages, if any, out of it.
Any party to a contract can any time revoke it, However the burden of compensation, if any and its quantum depends on varying degree on various factors peculiar to each contract.
In your case the employer can well cancell the contract of employment. The employee has no option but to accept this fact though he may claim damages if ot could be found out that the employer unilaterally cancelled the agreement without any fault of the employee.
R.K Nanda
(Expert) 13 April 2012
The employer can revoke job offer in this case as employee has concealed material fact.
Guest
(Expert) 13 April 2012
Dear Surya Prabha,
It was not necessary for the female candidate pregnant for 5 months to disclose about her pregnancy before accepting the offer. She could give notice about her pregnancy on any date before or even within six weeks from the date of her expected delivery.
However, the employer is barred to employ a pregnant woman during the six weeks immediately following the day of her delivery or her miscarriage.
In such a case she would, however, not be entitled to maternity benefits from the employer, as the minimum condition of work for 160 days with the employer, immediately preceding the date of her expected delivery, would not be fulfilled on her part.
So far as the job offer is concerned, there is a difference between offer and appointment. If no appointment letter has been issued after acceptance of job offer, the offer can be revoked by the employer at his discretion. Once the appointment letter has been issued, the offer cannot be withdrawn by the employer.
Reetu Dwivedi
(Querist) 13 April 2012
Thank you All.
Dhingra Sir Thank you very much for clarifying it on labour law point of view.
Guest
(Expert) 13 April 2012
You are welcome Surya Prabha.
venkatesh Rao
(Expert) 13 April 2012
Contracts of appointments are complete only after the acceptance of duty report by the employer. In your case, it appears she was not allowed to report for duty. Either of the parties to the contract can go away from contract since till then the contract in strict terms is not complete.
V R SHROFF
(Expert) 13 April 2012
IF EMPLOYER DID NOT ASK, & EMPLOYEE DID NOT DISCLOSE, It is not valid reason for termination.
It is a temporary period of Leave, that is the cause.
If on probation, employer can terminate job any time on any day without assigning any reason thereof, and usually for the first six months, all new staff are on probation, and not confirmed.
