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Author Topic: Employment Agreement Breach by not Joining Company on Joining Date  (Read 773 times)

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Offline legalhelpIT

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Hi
I am working as a HR in a small IT Company located in Noida. As the company is small, retention of talent and getting fresh talent is always a tough job.
Hence, we have mentioned in our offer letter which is on a letter Head that if a candidate accepts our offer letter and does not join our organization on the agreed joining date then they are liable to pay 2 months salary to our company. This is for Junior and middle level resources and its 3 months for Senior level resources. We also takes address proof , photograph and identity proof of candidates who sign the offer letter.
Though all the candidates are joining till now but there is a case where candidate is not willing to join and refusing the offer. Now I would like to know whether this offer acceptance and this clause acceptance on the letter head is enforceable at law and can we legally make this candidate pay us as per what he has agreed. There has to be certain way where such candidates should be punished or penalised for whom hiring company waits for 2 months (as they have 2 months notice period with their present employers)  and in the end they just take offers from other companies and just say sorry and do  not join. We didnít force them to accept the offer.Infact we informed them explicitly about this clause and they agreed and accepted the offer letter.
I would like to know any method through this can be enforced and make sure that once anybody accepts the offer, they should join
Thanks
Sanjeev Jha.

 

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