offer letter

Sir, I had been selected by a company and had been issued a offer letter with a condition. 1. U will be liable to pay company 5% of annual ctc if you fail to join the company on the specified date as per Indian Contract Act, 1872. Due to some unavoidable circumstances I was not able to join the company on the given date. Also at the time of giving me the offer letter they had taken my graduation certificate. And when I called them later, they refused to give me my documents back and told to first pay the penalty. Also I didn't sign their Bond.Just that I signed the offer letter, but I didn't join the company.I don't know what to do.Please help. Thanks & Regards, Ankit



Your original certificates/testamonials are your property and company can not have any lien on it.


There are threads to indicate that employee’s lodged police compalints and even an ASI/Havaldar was sufficient to get back the certificates.


Hope you will take it in positive spirit.

Why employees suffer?

Because the non united employee’s are viewed as ill informed, without any support, loners, and are susceptible to exploitation…………………….by unscrupulous employers.

The employee’s that stay in such expensive cities as paying guests, away from their homes are more susceptible since they have expenses to bear and those working on low salary don’t have reserves.

Employers know that they will count every penny won’t like to spend for legal consultation with a lawyer.

The non united employee’s are unaware of the labor laws and their rights.


Did you consult elders of the family, competent and expereinced well wishers, employee’s unions leaders,trade unions e.g. CITU/INTUC/AITUC/BMS leaders, Labor Law Consultant/Service matters lawyer/law firm, or even your family lawyer before handing over the certificates?


Did the company demand certificates from you in writing?


Did the company issue any acknowledgment/receipt to you for the certificates?


Did you record the calls during which company demanded money against certificates?


Has the company paid you refund of expenses to attend the interview: e.g. to draft/type/submit application,parking fee,travellin expenses etc?


Has the company spent on your interview alone (total expense/toal no. of candidiates) and expense = 5% of annual CTC offerred to you?


It is good that you are not joining such company!


First build sufficient evidence with the help of your counsel and eldrs and then submit a complaint thru your counsel.


You will get your certificates.


Sir, Thanks alot for helping me out.The company had given me acknowledgement that they have my document, but they didn't mention anywhere in offer letter that I need to submit my document. And also I had informed them that, I won't be able to join the organization due to some problem through mail before joining the company. Now they are telling me that there is another vacancy for me and are telling me to join again, but are not talking about returning my document. Also the company didn't pay any refund of expenses to attend the interview. Thanks & Regards, Ankit Thakur



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