Kavita Sharma
Asked August 11, 2016

offer of employment

  • 2 Answers
  • 102 Views

Sir, my husband got an job offer from a company and he accepted it..my husband resigned from his current company by giving 1 months notice as per rules..after a month the new company who offered job has now cancelled the employment on no particular reason.. Now my husband is jobless... We need ur legal help, as can we take any legal action against the company for such unethical behavior n disturbing one's career... What all possible actions can be taken..

Answers 2

Default avatar
Ashwini Panwar

You need to provide more detailed facts regarding your case. However, I am answering the question assuming these facts: Your husband resigned from the company by giving a prior notice, he entered into a contract with the new Company and before even joining his new company, his contract was cancelled.

We need to look at the Contract of the Employment. If no Contract was signed, then I’m afraid I can’t suggest anything to do. I’ll move ahead assuming that there was a contract. We need to figure out when the contract was formulated or not, Communication is the way anything can be conveyed. Sec. 3 and Sec. 4 of the Contract Act, 1872 deal with this. It is through communication can make an offer and the other party can accept it or make a counter offer. An offer could be communicated orally, written, even on telephones and post. Once there is acceptance to the offer, a contract is said to be made. So, the moment there has been an acceptance, the Contract has been entered into. Now, you just have to prove that:

a.       There was an offer made.

b.      Acceptance was conveyed.

c.       The offer was taken back after the acceptance.

If the Contract was made through post, then the moment you put the letter of acceptance in the post box, a Contract is made. If the offer needs to be revoked, it has to be done before accepting the offer. In case of post, even though the offeror would not know about the acceptance for the next few days, he still cannot revoke his offer once the letter of acceptance has been dropped in the post box.

Agree Comment 0 Agrees 12 months ago

Default avatar
Ashwini Panwar

You need to provide more detailed facts regarding your case. However, I am answering the question assuming these facts: Your husband resigned from the company by giving a prior notice, he entered into a contract with the new Company and before even joining his new company, his contract was cancelled.

We need to look at the Contract of the Employment. If no Contract was signed, then I’m afraid I can’t suggest anything to do. I’ll move ahead assuming that there was a contract. We need to figure out when the contract was formulated or not, Communication is the way anything can be conveyed. Sec. 3 and Sec. 4 of the Contract Act, 1872 deal with this. It is through communication can make an offer and the other party can accept it or make a counter offer. An offer could be communicated orally, written, even on telephones and post. Once there is acceptance to the offer, a contract is said to be made. So, the moment there has been an acceptance, the Contract has been entered into. Now, you just have to prove that:

a.       There was an offer made.

b.      Acceptance was conveyed.

c.       The offer was taken back after the acceptance.

If the Contract was made through post, then the moment you put the letter of acceptance in the post box, a Contract is made. If the offer needs to be revoked, it has to be done before accepting the offer. In case of post, even though the offeror would not know about the acceptance for the next few days, he still cannot revoke his offer once the letter of acceptance has been dropped in the post box.

Agree Comment 0 Agrees 12 months ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now