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Ashish   21 January 2018

Can i say no to my employer before joining

Hi there, I was searching for employment, I came around a job offer,they depute employees to some other company. I cleared all the round and asked for offer letter, they told me to come with all the documents and then they will release the offer letter after some manager discussion. Manager discussion happened and then I asked for offer, they asked me to give the 10th marksheet then they would roll out offer. They were insisting as they cannot disclose the offer before. I had no option but to give my 10th certificate, they told the next day of joining they will hand it over. They asked me sign the offer letter and some other NDA. Later on I found out they have very bad reviews. Now I don't want to join the company. I have written them before joining. So my question is it leagal to keep documents like this in order to give a job. I tried to contact the recruiter but now he is also not picking up the call. Please help me how to handle this situation. Thanks


Learning

 6 Replies

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     21 January 2018

THERE is a SAYING in Marketing management, purchaser, be aware of the material and dialogue before taking a decision to purchase or for considering contract agreement... The same is with your job posting, ORIGINALS can't be parted with,as you sow,so you receprocate.You have not received JOB APPOINTMENT letter, not joined the group, company... Give a letter of intent that you decided not to join the Company, with some reasoning, and ask them to return ALL THE DOCUMENTS which they have taken from you, If you don't have any record of evidence of acknowledgement, etc, as a proof of your handing over such original certificates to them, MAKE OUT SPECIFIC EVIDENCE,then make a decision to lodge a complaint to the police... BETTER FLOW... management techniques and methods of bargain... it's a mistake that you have COMMITTED BY making VERIFICATIONS of the oweners, the Company ONLY after handing over your documents to them and now only to APPROACH AND take lead THROUGH police or any other Influences...

G.L.N. Prasad (Retired employee.)     21 January 2018

Before taking any further action, intimate your inability to join the post and demand for return of original certificates and preferably in the form of legal notice through Advocate.  Offer and acceptance are two essentials for any agreement.  If offer is not accepted in writing , the contract is not complete.

Ashish   21 January 2018

I have an acknowledgement copy with me.

Kumar Doab (FIN)     22 January 2018

Has the consultancy/placement agency whatever IT is; inserted any clause  in said offer letter on any penalty , liquidated damages to be paid if you cline to join?

Do you have copy of said offer letter that you were made to sign?

Which date is earlier; the date on acknowledgment of 10th original certificate OR offer letter?

Kumar Doab (FIN)     22 January 2018

 

What is mentioned under clause of NDA?

Ashish   22 January 2018

Q: Has the consultancy/placement agency whatever IT is; inserted any clause  in said offer letter on any penalty , liquidated damages to be paid if you cline to join?
A: Its written following:

LIABILITY TO THE COMPANAY:

In event of
a) Yourself leaving, abandoning or resigning from the services of company(after accepting your resignation by manager)

b) Your services beng terminated by Company for non-performance, breach of any of the terms of service or for any reason whatsoever, during the above mentioned period of training and 12 months of madatory period of service. You will be liable to pay back company the expense incurred towards professional and technical training and the liquidated damages of 3 months of gross CTC which represents a genuine and conservative estiamtes of damages that would reasonably be caused to the business of the company on account of the above, including but not limited to loss of man and machine hours which otherwise would fetch a resonable amout of profits to the business of company.

2 more points I would like to add:

1) There is mandory period of service of 1 year from the date of joining

2) Your appointment with us will be effective from 22nd Jan.

3) I had dropped them an email yesterday and communicated to the concerned person about my  inabliity to proceed with joining. 


Q: Do you have copy of said offer letter that you were made to sign?
A: Yes


Q: Which date is earlier; the date on acknowledgment of 10th original certificate OR offer letter?
A: Both dates are same


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