what were terms and conditions of your appointment
2) kindly clarify
Are there any legal consequences of signing an offer letter from a company and not joining them after that. The is company is in qatar and the job is also in qatar. I got the job from a consultancy agency. I rejected it because I got another job from india.
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Dear Sir,
Nothing will happen,if you refuse offer letter but if you have paid any consultancy fee to the agent that may not be returned.
The offer letter says like this. please give detailed answer Offer of employment Job title AC technician Monthly salary 1300 QAR Food allowance 200 QAR Contract period 2 years Probation period 6 months Accommodation single shared provided by the company Transportation Provided by the company in group Leave on the rate of 21 days per year on continuous completion of contract of 2 years Place of work In Qatar both at offshore and on shore locations. Off shore working hours will be Paid at 8 hours+4 hours over time. No additional allowance. Air ticket Return air ticket Doha-Mumbai-Doha; connected to employees vacation of every 2 years Of service Insurance Workmen’s compensation provided by the company Medical Provided by government with health card to be paid by employee on yearly basis Gratuity Will be applicable after 5 years of continuous service as per company policy Joining date The date will be confirmed after the company has obtained the necessary visa We hope the above offer is acceptable to you; please sign the copy of the letter in order to proceed with your work visa. winnifred gonslaves I accept terms & conditions of this employment offer Managing partner Signature
You have accepted the offer letter
2) once you have accepted the offer it amounts to contract
3) if you don’t join your employer can sue you and claim damages for loss suffered on account of your refusal to join
As i already said. Mere signing has no complications until not joined in person. And even after joining, you can lave the job. Such bonded contracts are not valid in India.
Mr Ajay sethi, if it is illegal that they can sue me, what are the consequences that i might face. From their side they have just provided me work visa. That's it. And the company is from Qatar, job is also in Qatar. In that case how can they sue an Indian(i am in India) ? And who have right to sue me, is it just the company or consultancy can also sue me ?
1) interview was conducted in India . Offer letter was given to you in India . Accepted in India
2) hence company can sue you in India
3) consultancy firm was acting on behalf of the quatar company
4) no criminal case would be filed against you
5) at most they may claim some damages by filing civil suit against you
See if you have not started the job the company will rarely file any claim though they can seek damages if the offer letter was signed and on joining date you failed to join the work. Still can be contested it is civil dispute.
See since the joining date and visa are not confirmed now you can let down the offer there is nothing much company can do against you.
See they can file a suit to recover the charges of VIsa and other employment related like interview and other charges by way of filing a civil suit no police action of any kind can be done.
They can file suit in India as the respondent that is you are from India and the Indian court have jurisdiction over it,
if agreement with company directly consultancy cannot sue you.
You can inform the company that you are not willing to join them and may ask them to cancel the offer letter signed by you.
You may cite the actual reason for not accepting their offer and not joining them, let them send any notice, you can give a reply notice stating that until you have not physically joined them this offer will not come into force or it be effective.
The offer made by the company seems to be good, however it depends on your own decision to join them or not, however the signing of the offer letter itself cannot be considered that you have come on the roll of the employer.
It may not be illegal however you may be prepared to compensate them for the losses they incurred due to your visa and other administrative expenses towards your recruitment.
You can communicate your decision to not to join them in writing and wait for their response or action on this, if at all you receive any legal notice then you may discuss with your advocate and issue a reply notice denying the allegations however you may indicate that you are ready to compensation the reasonable losses they incurred towards this.