Each month, we invite you to learn which are the novelties and the things you must know about human resources, but also to find the answers to any question you might have, directly from specialists at Lugera – The People Republic. Today, Silvia Matei, in-house lawyer, talks about the process of launching a job offer and what has to be done when you are the recipient of such a proposal.
1. Let the offers roll!
Even though there is no special regulation mentioned in the current laws, companies address the offer to candidates they’re interested in by sending a letter, named job offer or employment offer. Despite this, there is an unwritten rule saying that, when at the receiving end of a such an offer, you must check all the elements that have to be mentioned in its text:
- Position;
- Net or gross income;
- Financial and/or material benefits;
- Bonus system;
- Working hours;
- Start date;
- Number of paid vacation days;
- Trainings;
- Deadline for accepting the offer.
If the offer is incomplete and doesn’t contain a piece of information you consider essential, request the its update, mainly because the things mentioned must also be covered by the employment contract. For example, if the offer presents a work car as benefit, but the contract doesn’t mention it, the employer can withdraw the employee’s right to use it any time.
2. If you’re accepting, the next step is…
Some offers don’t exactly specify the deadline until which you can accept it – another unwritten rule says that you can accept the job offer anytime in a reasonable timeframe, but no later than the starting date mentioned in the offer. The next question is “How?” to accept it. We recommend you to send your decision in a written form, otherwise you won’t be able to prove it, and the company can disregard your response.
3. You said yes, the company has “changed its mind”
If you have accepted the offer before the deadline, but the company changes its mind, you can’t really force it to sign an employment contract, but you can request interest as damages. These have to be proven, either they’re material or moral. Damages can consist, among others, in:
- Costs related to changing the residence of the future employee;
- Costs related to preparing the employee file (notarization for diplomas and identity cards, translations etc.);
- Costs related to travelling to the company’s office for interviews;
- The prejudice caused by resigning from the previous job.
4. What’s to be done if you’re the one changing your mind?
If you have accepted the offer, but you’re the one that has changed its mind, the company can’t force you into signing the employment contract. In theory, the company can request damages (for example: the project you were hired for had to start at a certain date, but, because of you changing your mind, the recruiting process has to start over, resulting in delays or losing the project), but we don’t know a certain judicial decision in the company’s favour. Moreover, putting a clause in the job offer, or forcing you into signing a separate declaration through which you take responsibility for changing your mind (explicitly mentioning the value), is considered an abusive practice.
5. Job offer not interesting enough?
If you’re not interested in the offer, tell the company right away. You will be seen as a serious candidate, and the company will keep you on its radar for future projects.
Written with love by Silvia Matei – In-House Lawyer 🙂
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