(Legal practice guidance for workers to respond to OFFER LETTER) First, confirm the authenticity of OFFER LETTER. Authenticity is the basic condition for any material to become legal evidence. Only materials whose authenticity can be confirmed can effectively prove legal facts. Specifically, workers should pay attention to the following points: 1. The form of OFFER LETTER. In writing or by email? Nowadays, most companies send OFFER LETTER by email. Email is a kind of electronic evidence. If the company does not approve it, it needs to apply for notarization for confirmation. Therefore, workers who receive the OFFER LETTER should first confirm whether the email address that sent the OFFER LETTER is the company email address after receiving the OFFER LETTER email; then do not make any changes or moves to the email on the terminal computer. 2. Is there a company seal or signature on the OFFER LETTER (foreign companies are generally signed by the president)? Whether it is in writing or by email, if there is no company seal or signature on the OFFER LETTER, if the company does not approve it, workers will have difficulty proving the authenticity of the OFFER LETTER. Therefore, after receiving the OFFER LETTER, workers should pay attention to see whether the form of the OFFER LETTER is formal. Second, confirm the legal effect of OFFER LETTER and the content of OFFER LETTER. 1. The legal nature of OFFER LETTER is an offer. The so-called offer is an expression of intention to enter into a contract with others. After receiving the OFFER LETTER, workers should pay attention to whether the content of the OFFER LETTER is specific and clear, such as whether the basic content of the labor contract, such as position, responsibilities, labor contract period, wages and remuneration, etc., has been written down. Only an OFFER LETTER with specific and clear content can constitute an offer. 2. When does the OFFER LETTER as an offer take effect? The offer becomes effective when it reaches the offeree, the employee. Therefore, when the employee receives the offer, the offer becomes effective. 3. Withdrawal and withdrawal of offer. The withdrawal of an offer means that the employer may notify the employee to withdraw the offer before or at the same time that the offer reaches the employee. The revocation of an offer means that the employer can notify the employee to revoke the offer before the employee sends a notice of commitment. However, the employer cannot revoke the offer under the following two circumstances: (1) The offeror has determined the commitment period or expressly stated in other forms that the offer is irrevocable; (2) The offeree has reason to believe that the offer is irrevocable and has Preparations were made for the performance of the contract. What workers need to be aware of is the circumstances in which the offer is revoked. It often happens in real life that an employer issues an OFFER LETTER and then cancels it, which often has a greater impact on disadvantaged workers. Therefore, workers need to pay attention to: (1) After receiving the OFFER LETTER, workers should first check whether the OFFER LETTER specifies a response period? If there is no response time limit stated and the employee decides to accept the OFFER LETTER, he or she should respond promptly upon receipt; if a response time limit is stated, the employee should respond before the expiration of the time limit. (2) If the OFFER LETTER has the above two irrevocable circumstances, then the employee should claim to sign a labor contract or claim the company's liability for negligence in contracting (as for which claim to choose, it needs to be analyzed and judged based on the specific content of the OFFER LETTER). Third, should the employer still abide by the matters promised in the OFFER LETTER during the performance of the labor contract? This situation often occurs when the bonus or annual salary specified in the OFFER LETTER is not specified in the labor contract or the amount specified in the OFFER LETTER is lower than the amount agreed in the OFFER LETTER. After the labor contract is signed and performed, whether the commitments in the OFFER LETTER will Is it still legally binding? When the authenticity of the above OFFER LETTER is determined, whether the commitments in the OFFER LETTER are binding needs to be determined based on the specific circumstances. 1. If the matters agreed in the OFFER LETTER do not conflict with the matters agreed in the employment contract, the employee can claim that the OFFER LETTER is still valid. For example, the OFFER LETTER stipulates the monthly salary and year-end bonus calculation rules, but the labor contract only stipulates the monthly salary and does not mention the year-end bonus. (Due to the particularity of the bonus itself, there is still a large risk whether this claim will ultimately succeed.) 2. If the matters agreed in the OFFER LETTER are inconsistent with the matters agreed in the labor contract, it will be deemed that the two parties have negotiated in the labor contract. For changes, both parties shall implement them in accordance with the provisions in the labor contract. Workers can no longer advocate.