90,000+ Legal Questions Answered
Refusing to send offer letter after campus placement
10 months ago
I am a Sri Lankan student studied in an NIT.
I got selected into a multinational tech company through campus placements.
I was supposed to join in june, but they delayed my joining saying that they'll get my employment Visa through the company.
But now they are refusing to hire me saying that they cannot arrange Visa.
I have informed them multiple times that I can arrange VISA if they send me necessary documents. They are refusing to send them.
They are not telling a clear reason when I ask why they can't hire me.
What action can I take in this case.
Thank you
A.Dear Client,
In the absence of the contents of the contract or proposal made by your employer, it cannot be opined that the contract is a valid contract and enforceable under the law. If the contents of the Contract contain essential conditions of a valid contract as defined under the Indian Contract Act, 1972, a breach of a condition of such contract is challengable before a Court of law. So the contents of the contract need to be gone through carefully before litigation. Reach out to an Advocate for proper guidance and a course of action if any breach of the condition of the contract appears on the face of the record.
In the absence of the contents of the contract or proposal made by your employer, it cannot be opined that the contract is a valid contract and enforceable under the law. If the contents of the Contract contain essential conditions of a valid contract as defined under the Indian Contract Act, 1972, a breach of a condition of such contract is challengable before a Court of law. So the contents of the contract need to be gone through carefully before litigation. Reach out to an Advocate for proper guidance and a course of action if any breach of the condition of the contract appears on the face of the record.
Helpful
Helpful
Share
A.Dear client,
As per Section 5 of the Indian Contract Act, 1872-
"A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. —A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards."
The job offer once accepted becomes a basic legal contract between you and your new employer and when your employer withdraws that offer then it falls under ‘Breach of Contract’. Normally the contract once made cannot be unilaterally revoked. Only both parties can discharge each other from obligation by novation /accord and satisfaction.
You can file a suit by consulting a lawyer and sue your employer
As per Section 5 of the Indian Contract Act, 1872-
"A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. —A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards."
The job offer once accepted becomes a basic legal contract between you and your new employer and when your employer withdraws that offer then it falls under ‘Breach of Contract’. Normally the contract once made cannot be unilaterally revoked. Only both parties can discharge each other from obligation by novation /accord and satisfaction.
You can file a suit by consulting a lawyer and sue your employer
Helpful
Helpful
Share
Read Related Answers
layoff as BU is closing
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Termination
Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
