• Declining job after accepting offer

hello everyone,

I am a fresher completed my comp engg.I gave interview in a company in june and while interviewing they informed me that the joining would b in july first week.They sent me the offer letter via mail and asked me to sign it and mail it back to them if i accept the offer which i did.But then i was informed that the joining would be in fourth week of july,then after that when about a week before my joining date they postponed it to second week of august.Still they have not given me an exact date and they are saying i cant go back on my offer.Now i dont feel like joining this company because i declined two offers since i thought joining was in july,and i dont feel that a company who cant decide a joining date for its candidate is a good place to work at. The offer letter stated that if i sign the letter it means that i accept to work for a period of three years failing to do so i will have to pay them some amount which is more than a lakh. So what i want to know is that whether i can walk out of this offer since i have'nt joined yet.They have my original documents (marksheets).What should i do if they dont give me my certificates back.

Please help

thank you
Asked 2 years ago in Labour from Mumbai, Maharashtra
Have the company given you any joining bonus? have they paid you for the month of July? Is there a fix date in the second week of august?

However, i suggest you speak with the HR of the company and give him an ultimatum that if the date is not fixed and you are not required in the company, it would be better to cancel my appointment instead of harassing me. after the second week of august, if required, send the company a legal notice seeking your original documents and cancellation of the appointment due to the negligence of the company.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,
In the appointment letter did you sign any undertaking that you would work for three years?Was it a bond?

If the company has a problem with the joining date they can not indefinitely keep postponing it.If they do so you are entitled to make payment for the time you are kept in abeyance,

I would suggest you to wait until second week of August and see what happens.As to whether you can walk out of this without a problem depends upon the terms and conditions.Do not take any hasty decision.If they still postpone the date you can demand a compensation for the delay caused, cancel the appointment and demand the originals back in a lawyer notice.Need engage a local lawyer.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Have they mentioned any where when you are required to join them?

2. Have they deferred the joining date in writing or through email?

3. Have they issued any receipt for having received your original certificates?

4. First of all you shall have to understand that now a days joining dates are deferred by almost all companies due to recession and they inform the joining date on receipt of a long term project. It is not that they are deferring the joining dates whimsically,

5. However, your retention bond starts if and after you join the Company. It is not applicable on you if you do not join at all,

6. Your problem is their retention of your original certificates which no body can predict whether they will return it without any hassle or not,

7. However, if they have issued you a receipt for having received those certificates, then you can get those certificates back with legal action, if need be,

8. Talk to the Company asking it to return your certificates as you do not want to join them now & see what  they say,

9. I do not think they will object now since you have not yet joined them.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
After reading the answers you have provided, it is advisable that you cancel the appointment by writing them a stern letter accusing them of keeping you in abeyance and playing with your career. Since you havent yet joined the company, the retention clause means nothing. you havent yet taken any kind of training or used their resources for their benefit or anything. Henceforth you are technically not an employee of the company.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,
From your description it appears that there is no bond signed by you..
As you have not begun working in the real sense of the term the retention clause which include the cost to the company does not apply to you in the current situation.
You can approach the company to relieve you of the appointment.
This would mean either the company  terminating your 'service' as there is an appointment or your resignation as you have accepted the appointment.
The company should allow you to leave as it not able to let you begin working within a reasonable time.
Go ahead and ask the company to return your certificate if you decide to not continue with the current company.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

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