Legal Question in Employment Law in India

I Debashree Dutta ,find out a job vacancy for back office Executive(Urgent) in Sova Solar Ltd from internet a reputed job search website and apply for the same. After that they call me an interview for dated 16-05-2016 through email, I passed the interview and complete all document verification on the same day and for other verification they keep two phone numbers my present and previous employer . They give me an offer letter dated-18-05-2016(No.-SSL/Offer/3/2016-17) for joining date 01-06-2016 and I accept it. After that I resign from my previous job.

Dated -30-05-2016 evening I got a mail from Sova Solar Ltd. they told me "Though you have been given an Offer Letter but with subsequent enquiry of your credential, it has been decided that the Offer Letter is being withdrawn due to some unavoidable circumstances with immediate effect ". I return mail them dated 31-05-2016 " I should know the enquiry details which was hampered my career and social life and humiliate me too much" .But, they are not reply. Can you please tell me what action taken against them, which was effectively very well?


Asked on 6/01/16, 3:34 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

01.06.2016

Dear Debashree,

You should inform the Company that they ought to have done the verification process prior to giving you the Offer Letter. Inform the Company that since you have lost your previous job on account of their procedural lapse, they should either take you as their employee for a minimum period of one year till you find yourself another job whichever is earlier, or compensate you by paying you one year's salary for loss of employment.

Regards,

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Answered on 6/01/16, 3:50 am

1) U hv agreed for reference check of previous employers before the offer.

2) The letter of offer is subject to verification, after which they have withdrawn

before the date of joining.

3) Had u joined the contract of employment would hv been in force.

4) Before resigning ur earlier job, u ought to have confirmed ur joining new post.

5) U may however claim compensation for last minute withdrawal of offer resulted

in loss of job as well mental agony.

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Answered on 6/01/16, 4:20 am


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