• Company HR kept promising an offer letter for weeks, no update after multiple calls

I went through interviews and was told that I will be given an offer letter in a matter of days. I negotiated a salary, bonus and CTC with HR as well. It was through phone call. No written record of this discussion. I have been waiting and calling HR for weeks and weeks now. They kept delaying and now they don’t answer my calls. Please advice.
Asked 1 month ago in Labour from Bangalore, Karnataka

I suggest you wait for sometime. they will certainly do a background check before hiring. They need to verify your address, mark-sheets,past experience and all this consumes lot of time. 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

See till the offer letter is given or any employment agreement is signed you cannot take any legal steps against the company you are free to pursue for other job.

Shubham Jhajharia
Advocate, Ahmedabad
24367 Answers
96 Consultations

5.0 on 5.0

Even if you file a case it will be difficult to prove that you were hired by them without any documentary proof

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

As long as no agreement is made it cannot be made enforceable. 

Its an offer only which the employer is contemplating to accept under the present uncertain circumstances. 

I regret you will have to wait little longer. 

Do note no legal recourse is there if they refuse to honour their commitment made over phone calls. 

Look for other jobs. 

Devajyoti Barman
Advocate, Kolkata
19622 Answers
278 Consultations

5.0 on 5.0

Till offer letter not issued, appointment is not confirm.

And even at the last moment company can decline appointment.

Only incase you have paid some fees for the aforesaid job, than could have claim as a matter of right or can prosecute company for cheating.

Yogendra Singh Rajawat
Advocate, Jaipur
18592 Answers
22 Consultations

4.6 on 5.0

 - The job offer does not mean that the employment relationship between the employee and the employer has started unless there is a written proof which clarifies that the offer has already been effective and the burden of proof shall be borne by the party who is claiming starting the employment relationship.

- Further, It is only an offer, and after signing, it becomes unconditional acceptance of an offer in accordance with the general rules of contracts,

- Hence, if the employer evades letting the employee join the company, in this case, the party who breaches the  obligation has to compensate the other party for damages caused or loss of profits.

- Since, no offer letter issued by the company , hence the said Company has not entered into any contract with you. 

- However , as you are waiting for an offer letter , you should sent a written letter/notice to the HR of that company , after stating that due to approval , you are unable to join any other company , and hence you are suffering from mental harassment and loss. 

Mohammed Shahzad
Advocate, Delhi
2607 Answers
35 Consultations

5.0 on 5.0

You cannot do anything about it.

If at all they have selected you then they would have sent the offer letter, since they are silent you may confirm that they are no more interested in your candidature, hence you may look for some other place.

You cannot force them to select you neither you can ask them to send a letter rejecting your candidature.

You may wait for the present pandemic crisis to settle down, may be the people take any action after resuming their work.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Hello,

I would like to suggest you to wait till this situation of pandemic is over or lock down period is over. If they don't send you the offer letter then unfortunately there less you can do as there is no confirmation letter nothing which can suggest that your engagement with the company.

If you still have any question feel free to ask.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1634 Answers
4 Consultations

4.7 on 5.0

Unless they have given you a written offer letter you cannot proceed because they will say that those were just assurances unless of course you have a recording and other documents which show that you were confirmed.

Rahul Mishra
Advocate, Lucknow
8037 Answers
15 Consultations

5.0 on 5.0

Since no offer letter has been received by you it would be difficult for you to claim any reliefs from courts 

 

2) you cannot claim any  compensation from the company 

Ajay Sethi
Advocate, Mumbai
74628 Answers
4464 Consultations

5.0 on 5.0

Dear Sir,

 You have following options.

Get issue a legal notice,

Get represent before the labor Commissioer,

Approach the Chairman of the Company

File a Civil suit seeking mandatory direction to the HR

Kishan Dutt Kalaskar
Advocate, Bengaluru
5298 Answers
172 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to write and email mentioning all the details including telephonic conversation and if no reply is sent by HR, you may send a legal notice to the company. 

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

You do not really have any locus in this. Legal remedies could have been available to you provided all that transpired was in black and white. Here, everything was orally and nothing in writing; hence, there was no contract validly executed which you could have sought to enforce.  Hence, you may only keep requesting them. Try to get something in writing. 

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

Hi

You can try sending them a written representation for asking about the status of your selection and offer letter.

Still they donot reply then you can send them a legal notice .

Thanks

Rahul Jatain
Advocate, Rohtak
2479 Answers
4 Consultations

4.9 on 5.0

1. You should just leave calling this HR as it clearly shows that they don't want to hire you in their organization.

2. You should focus on further opportunities in your life as you cannot take any legal action against HR for not replying your calls or not giving or delaying the offer letter.

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

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