Arijit 09 August 2022

What recourse i can take if new employer 's hr partner forces for agreement

I have resigned from my current organisation after getting an offer letter. However the new company's HR partner organisation (who was coordinating with me), is now asking me to sign an agreement with them without which they won't proceed to do background verification and other activities which my new employer will need to be completed on the date of joining. I don't want to sign this agreement because:
1. It is not a practice for HR partner to enter into agreement with employee, since relationship is between company and that HR partner org.
2. The agreement terms are malformed
3. The agreement doesn't bind my new employer
Since I have already resigned basis their offer letter, what recourse do I have?

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3 Replies

Dr J C Vashista (Advocate) 09 August 2022

If the terms of service do not suit you do not accept and join new job with such conditions

Arijit 09 August 2022

Thank you. But they have presented this agreement after my resignation in my present organisation.

Since this is not a standard practice, I also did not know and ask.

LCI Thought Leader Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT) 13 August 2022

I understand you got offer from the company and now HR partner organization is asking you to sign an agreement for background verification and other activities etc and without these activities being completed, you can’t join the new employer.

As far as your relationship with new employer is concerned, it is governed by the contract i.e. offer accepted by you. Does this offer letter designate a particular HR Partner organization only for completing the formalities? Does it any way indicate/ suggest that you must sign a separate agreement with HR Partner? If not, you cannot be expected to follow the course suggested by HR Partner.

Write to your employer that offer terms did mention about getting background verification and other activities done. However, the HR partner is requesting for something which does not form part of contract between you and your employer and request for your new employer to instruct HR partner accordingly or suggest a different agency.

Author: Advocate Ravish Bhatt

Gmail: ravishdbhatt@gmail.com

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