Hi, We are a manufacturing company wherein we also hire marketing professionals. I gave offer letter to a candidate, who based on the offer letter came for a training of 7 days to our office and person was staying in our company guest house (basic training about policies and products). On the 5th day the candidate got heavily drunk and did not come for training for the next 2 days. We let him go due to misconduct and withdrew the offer letter. No appointment letter was issued to the candidate or he did not even sign on the offer letter. Now he is claiming 7 days of salary and travelling expenses. We have, however, not taken any other disciplinary action against the candidate. Is my company liable to pay anything to the candidate?
From India, Noida
From India, Noida
Why not pay for the 5 days he attended training? He was there for you then he is due and payable for those days. You have to be fair to expect fairness from others.
Since you terminated the service, there is no question of notice period. As regards travelling allowance, what is your policy? If you have no policy frame a proper policy. Suggest you to link reimbursement with a minimum service period of one month.
You should thank yourself for getting rid such an undesirable element, otherwise the cost may have been very high. Non-issue of appointment letter is not appreciated, does not sound proper HR policy.
From India, Mumbai
1534Since you terminated the service, there is no question of notice period. As regards travelling allowance, what is your policy? If you have no policy frame a proper policy. Suggest you to link reimbursement with a minimum service period of one month.
You should thank yourself for getting rid such an undesirable element, otherwise the cost may have been very high. Non-issue of appointment letter is not appreciated, does not sound proper HR policy.
From India, Mumbai
The payment for training can only be done for those who have completed seven days program. You can ask the person to submit the Training Completed certificate for his claim.
From India, Mumbai
From India, Mumbai
I would suggest pay the 7 days salary & TA and obtain a resignation letter and close the matter. I don't think elaborate termination process is necessary if he signs the resignation letter for your safety. Otherwise terminate him for misconduct (which might require proof of drunken state). And the offer letter not signed ? Then no obligation on your part pay him and close the issue.
From India, Bangalore
From India, Bangalore
You didnt given appooint ment leeter and also he didnt accepted offer letter, so he can not claim as a employee for salary.
From India, Chennai
From India, Chennai
In this situation, your company is not likely to be legally liable to pay the candidate for the 7 days of training or travel expenses, given that:
1) No Formal Employment Contract: The candidate did not sign an offer letter or receive an appointment letter, which means no formal employment relationship was established. An offer letter, especially unsigned, does not equate to an employment contract.
2) Misconduct: The candidate's actions, particularly the misconduct of getting drunk and missing two days of training, are clear grounds for withdrawing the offer. In such cases, companies are generally within their rights to terminate the process without further obligations.
3) Nature of Training: If the training was merely introductory and unpaid, with no prior agreement to compensate the candidate for those days, the company has no legal obligation to pay for that period.
However, to avoid future disputes, it's advisable to:
* Ensure clarity on whether training is paid or unpaid in your offer letter or other initial communications.
* Document any instances of misconduct and clearly communicate the reasons for withdrawing the offer.
In this case, the candidate's claim seems weak given the lack of a formal employment contract and the serious nature of the misconduct.
From India, Surat
1) No Formal Employment Contract: The candidate did not sign an offer letter or receive an appointment letter, which means no formal employment relationship was established. An offer letter, especially unsigned, does not equate to an employment contract.
2) Misconduct: The candidate's actions, particularly the misconduct of getting drunk and missing two days of training, are clear grounds for withdrawing the offer. In such cases, companies are generally within their rights to terminate the process without further obligations.
3) Nature of Training: If the training was merely introductory and unpaid, with no prior agreement to compensate the candidate for those days, the company has no legal obligation to pay for that period.
However, to avoid future disputes, it's advisable to:
* Ensure clarity on whether training is paid or unpaid in your offer letter or other initial communications.
* Document any instances of misconduct and clearly communicate the reasons for withdrawing the offer.
In this case, the candidate's claim seems weak given the lack of a formal employment contract and the serious nature of the misconduct.
From India, Surat
If he worked for you, even if it was for 5 days, he is entitled to payment, irrespective of whether he signed the offer letter or whether you gave him an appointment letter. The offer letter is an offer, his joining the training is acceptance and your letting him join is evidence that the employment contract was honoured. Your failure to issue an appointment letter is actually immaterial, except that by not giving it, you basically have fewer rights. You can not enforce notice period, or terms of employment as you never communicated it to him. On the other hand, he is entitled to claim all standard terms and what is in Standing Orders (your certified one or model standing orders) as you didnt communicate otherwise.
Whether he is entitled to traveling cost, it depends on the terms of the appointment (which you didnt sign or communicate). But if you asked him to travel to your office, then you are liable to pay for the travel. Only if you had very clearly stated that he will not be given travel cost for training, then he may not be entitled to it.
You can not withdraw an offer letter that is accepted on.
At best you can do is issue show cause (which you probably didn't), give him a chance to explain himself, issue a suspension (for which period also you have to pay 50% salary) and then conduct a domestic enquiry. If the enquiry officer finds it was a misconduct, he can recommend punishment (which can include termination, and the recommendation should be justified). You can then act on it.
So frankly, if he is just asking for 7 days salary and travel cost, it is much less than your cost otherwise.
BTW, I am surprised someone can be so drunk as to miss work for 2 days on account of the same. Was the drinks given by the company (like in a party, etc?). Was being drunk the real reason or was there something else?
From India, Mumbai
Whether he is entitled to traveling cost, it depends on the terms of the appointment (which you didnt sign or communicate). But if you asked him to travel to your office, then you are liable to pay for the travel. Only if you had very clearly stated that he will not be given travel cost for training, then he may not be entitled to it.
You can not withdraw an offer letter that is accepted on.
At best you can do is issue show cause (which you probably didn't), give him a chance to explain himself, issue a suspension (for which period also you have to pay 50% salary) and then conduct a domestic enquiry. If the enquiry officer finds it was a misconduct, he can recommend punishment (which can include termination, and the recommendation should be justified). You can then act on it.
So frankly, if he is just asking for 7 days salary and travel cost, it is much less than your cost otherwise.
BTW, I am surprised someone can be so drunk as to miss work for 2 days on account of the same. Was the drinks given by the company (like in a party, etc?). Was being drunk the real reason or was there something else?
From India, Mumbai
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