pre-contracts as a form of job offer
are becoming more common. This agreement consists of a document in which the company and worker are obliged to comply with their respective obligations to begin a new stage of joint work.
There are many considerations that must always be taken into account when a new job offer arises or when you are looking for a first job. This is because there can be situations such as the one in which a job is offered, but then not hired.
It is possiblethat, after accepting that job offer, we will be forced to resign. The concrete situation is that, once the selection process has been completed, a company has already spoken with one of its applicants to inform him that he has been the person chosen to join the vacancy that was being offered.
After receiving this communication, you will be told the specific conditions of the job offer that has been accepted and everything will seem ready to start the new stage.
It may even be that, at this time, another previous job will be abandoned. However, a few days before the company informs the worker that it will not be possible to fill the vacancy.
Unfortunately, this case is becoming more frequent and in most of the times, either due to ignorance or lack of experience, it is not known how to act.
Is there anything that can be done about it? What rights can be exercised when faced with such a situation?
The formal commitment in a job offer
When a series of processes have been passed in the job interviews and the company gives the communication of having been selected,a
This commitment is carried out between both parties and the main objective is that in the future an employment contract is signed.
If the employment agreement is not finally executed,the worker may demand his corresponding compensation,since a pre-contract had previously been established.
What is the pre-work contract?
As we already defined in this article,a pre-contract of employment
is one that is given from the moment in which the offer becomes firm and both parties accept specific working conditions.
Thus, if either of the two parties to the prior agreement generates the breach of it, the opposite may demand compensation.
The basis on which the compensation is based is that of the damages that may have been generated by the fact of not fulfilling the employment contract that had been previously agreed.
Thus, the affected or those affected must go to the social jurisdiction, which is the competent one when demanding compensation.
What rights can be demanded against the company that fails to comply with the job offer?
Any right to compensation is based on both consequential damage and loss of profits.
In this particular case, the consequential damage refers to the expenses incurred due to the aforementioned pre-contract that has been breached.
On the other hand, the loss of profits will come to refer to the profits that would have ceased to be obtained accordingly.
What should be highlighted in this case is that the burden of probation will correspond to the party seeking compensation.
This test will encompass both the job offer itself that was initially offered to him, and the firm acceptance of it. It will also cover the damage suffered.
However, in no case may the claim for salary or severance pay be exercised.
Since it must be taken into account that you have not come to work in the company, despite the acceptance of the job offer, and that there has been no termination of the contract.
Clearly compensable cases
There are cases that, after having breached the labor pre-contract, are undoubtedly compensable.
For example, having left an old job for incorporation into the new company. In turn, having rejected another job offer or the expenses you would have made to exercise the work. For example, uniforms or tools.
In addition, it should be noted that if the previous offer that had been made in the interview is not finally incorporated into the employment contract, they cannot be demanded later.
If at the specific time of the subscription different conditions have been agreed, these will govern in any case, since it has mediated in it an alleged mutual consent between employer and worker.
The exception is that the conditions of the new contract are in a lower position than those established by law or agreement. In which case, those of the job interview will be required.
If you have received a job offer that has later been rejected by the company itself,you do not have to be all lost.
However, it is recommended that professional labor advisors be consulted to know first-hand the rights that can be exercised.