Recruitment contract
Kirti Sharma
(Querist) 29 January 2012
This query is : Resolved
Dear Members,
I have a query on behalf of a recruitment agency registered under companies act 1956, The said recruitment company is recruting staff on behalf of its various other client companies. Now, I am explaining my query with the help of a hypothetical situation discussed as under:
As per general practice, companies are giving offer letter to selected candidates mentioning salary details and date of joining (may be within prescribed time period from the date of the offer letter) and other necessary details and candidates are giving acceptance of such offer letter through their e-mail.
After this candidates are liable to join the company on the date mentioned in offer letter. But candidates, even after accepting offer letter, do not join the company on perscribed date.
Now the problem of recruiting company is loss of reputation before client companies and loss of time and money which was spended for the selection of such candidate for client company.
So for the solution of this problem, i want to make a contract/agreement between client company, recruiting company and candidate in which candidate shall assure that he/she will not backout (if candidate has signed and given acceptance of offer letter) and will join on the decided date except in case of extraordinary circumstances. At the same time company shall also give assurance of his/her appointment.
Please share your quality views on this matter.
Thanks in Anticipation
With Best Regards
Kirti Sharma
Kirti Sharma
(Querist) 30 January 2012
Thanks for immediate response @devajyoti ji. But my concern is the legal validity of such a contract. Shall it be enforceable by law? I think it covers under service matters litigation. Shall it cover under Contract Act?
Raj Kumar Makkad
(Expert) 30 January 2012
Such contract is purely legal and can be duly implemented from court of law if all parties have agreed to the contents of agreement.
Kirti Sharma
(Querist) 30 January 2012
thanks a tons @Mr.makkad and Mr. Devajyoti... Other views are also solicited.
Regards.
Kirti Sharma
(Querist) 30 January 2012
Dear Sirs, what shall be rate of stamp duty payable in delhi and do such contracts require further registration or mere execution of such contract of the required stamp paper is sufficient.
Thanks in Anticipation,
Regards,
