I joined the company after the agreed year, but I have not received an offer. Do I need to resign from the current company?

thumbnail

In the workplace, it is very normal for people to ride a donkey to find a horse. It's very common as an employee to find a new home and then resign, but I wonder if you have encountered such a thing? I made an appointment with a company to join after a year, but I never received an offer. Do you want to resign from the current company at this time? Today, Xiaozhi will talk about this topic with you.

First of all, the suggestion of Xiaozhi is not to resign for the time being, because if the next company does not have an official offer, it means that you have not formally expressed your intention to hire you, but only made a verbal commitment during the interview. , Only the official OFFER has specific legal responsibility. So I suggest you start from the following two aspects.

  1. You can first contact the HR interviewer of the new company at that time to confirm the time of issuing the written offer, and urge them to issue the written offer as soon as possible so that you can submit your resignation with the current company. Remember to accept OFFER from time to time, and then submit your resignation letter, so as not to fail.

  2. The resignation letter of the existing company must be submitted one month in advance, so you are considered a good time.

between. In addition, if there is no one to replace and take over your job and it is more critical, then you should also communicate with your boss in advance and explain your intention to leave, so that you can leave more easily and not cause damage to the existing company. Work stalls and affects operations, so you can't make it when the time comes.

So what kind of legal responsibility does OFFER have?

When an enterprise issues an OFFER to a job seeker, but temporarily regrets that it no longer admits a job seeker, the job seeker can appeal to the court. According to Paragraph 2 of Article 19 of the Contract Law of the People's Republic of China, if the offeree has reason to believe that the offer is irrevocable and has made preparations for the performance of the contract, the offer shall not be rescinded.

Once withdrawn, the offeree can claim compensation for its economic losses. The main economic factors are: generally the loss of wages and income due to the employed person after resigning from the original unit, due economic compensation, etc.; other losses. Generally, it is the cost of postage, transportation, medical examination and other expenses incurred in the process of labor contract negotiation; opportunity loss. Generally, the recruits give up other employment opportunities because of this. The above losses will be taken into account by the court in the specific judgment. However, regarding the reasonableness of the amount of damages, the court will comprehensively consider the specific circumstances of each case.

Finally, Xiaozhi reminds everyone again that if there is no clear entry time on the Offer provided by the company, it is recommended that you confirm the entry time with the company before resigning. Because offers without a clear time are legally revocable.

Related Posts