Legal Recourse For Cancellation Of Offer Letter And Non-Payment Of Dues

Asked in Employment or Labour

  • Nanda Kishore

    Bengaluru

Expert's Answers(4)

  • Advocate Anik

    Bengaluru, Karnataka
      66 Client Ratings

    You have a strong case for recovering compensation from the company based on your situation. Here's how you can proceed legally with the offer letter as evidence: Legal Basis: Breach of Contract: The offer letter, once accepted by you, forms a binding contract. The company's actions (not providing the employment contract, refusing to employ you) constitute a breach of contract. Damages You Can Claim: Relocation Expenses: You can claim reimbursement for documented expenses incurred due to relocation (travel, accommodation, moving costs).Salary for Notice Period: Since you haven't started work, you might not be entitled to full salary. However, you can claim salary for a reasonable notice period as per industry norms or mentioned in the offer letter (if any).Loss of Earning Opportunity: You can claim compensation for the time and effort wasted due to the company's actions. This could be based on average salaries in your field for the period you were waiting (discuss this with your lawyer). Steps to Take: Draft a Legal Notice: Consult a lawyer specializing in labor law. They can draft a legal notice outlining the breach of contract, the specific damages you incurred, and demand compensation from the company.Negotiation (Optional): The lawyer can advise on the possibility of negotiation with the company to reach a settlement without going to court.Litigation (If Negotiation Fails): If negotiation doesn't yield a satisfactory outcome, your lawyer can file a suit in the appropriate labor court against the company. Strength of Your Case: The offer letter is a strong piece of evidence in your favor, as it establishes the company's offer and your acceptance.Documented relocation expenses will strengthen your claim for reimbursement. Additional Tips: Maintain Records: Keep copies of the offer letter, emails, communication with the company, and relocation expense receipts. Seek Legal Advice: A lawyer's guidance is crucial for navigating legal procedures and maximizing your chances of recovery.

    May 30, 2024
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    You can File complain against them in labour court.

    May 19, 2024
  • xxxxx cxxxxx

    Bengaluru, Karnataka
      184 Client Ratings

    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 labour.commissioner42@gmail.com Addresses of Labor Inspectors in Bengaluru in different locations https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022.. ======================================================================= Section 12 in The Industrial Disputes Act, 1947 12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)   (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.   (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.   (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.   (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.   (5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a

    May 18, 2024
  • Adv M. K. Singh

    Lucknow, Uttar Pradesh
      4 Client Ratings

    Serving legal notice to your employer at this stage is the best option for recovery. For serving them legal notice or for further discussion at this issue you are free to approach me. Thanks.

    May 17, 2024