In the days of job hunting, no matter what job you are looking for, you always get an offer letter in the end. Getting the admission notice is the key to finding a job! The following is whether the admission notice I compiled for you has legal effect. Welcome to reading. I hope you will like it.

Whether the offer letter has legal effect 1 offer. The full name is offer letter. Chinese is interpreted as employment letter and admission notice, but there is no unified name. Some people call it "the letter of admission", some people call it "the letter of employment" and some people call it "the invitation letter". Employment credit officially provides jobs for job seekers and provides important information, including start date, salary, working hours and positions. The following is the relevant content of whether the admission notice has legal effect, which I have carefully sorted out. Welcome to learn from it, I hope it will help you.

After many interviews with Chen Mou, a company decided to hire him as the department manager, and sent him a letter of appointment stating the position, work place, monthly salary, benefits, holidays and entry date, and asked him to reply within one month. Chen Mou agreed immediately after receiving the letter of appointment, resigned from his original job and prepared to sign the contract.

However, shortly after that, the company received a report that Chen Mou asked some suppliers for benefits, which shocked the company and decided not to hire Chen Mou. However, the admission notice has been issued. What should the company do?

The personnel manager of the company considered four schemes:

Option 1: notify Chen Mou in writing and declare the admission notice invalid;

Option 2: Refuse to sign a labor contract with Chen Mou;

Option 3: sign a labor contract with Chen Mou, but reduce the position and pay;

Scheme 4: Sign a labor contract with Chen Mou, which will be terminated during the probation period.

Out of caution, the personnel manager consulted four legal experts. Legal experts have devised another plan. Subsequently, the company negotiated with Chen Mou and offered to pay him one month's salary, and both parties would not sign a labor contract. If they don't want to, they will sign a one-month labor contract with him. In the end, Chen Mou agreed that both parties would no longer sign labor contracts.

Lawyer's solution

Whether the issued admission notice can be withdrawn or changed depends on the legal nature of the admission notice. There is no unified Chinese name for the so-called offer letter. Some people call it an "admission notice", while others call it an "employment notice". The Chinese meaning of "offer" in legal English is "offer". According to the Contract Law of People's Republic of China (PRC), "offer" is an expression of intention to conclude a labor contract with others. The law requires that an offer should be specific and clear, and once it is accepted by the offeree, the offeror will be bound by the expression of will. If the offer is revoked, it must be made before the acceptance is made. Therefore, once the admission notice is issued, it will be legally binding on the employer. Now, the company has issued an employment letter, indicating that the company has agreed to sign a labor contract with Chen Mou, and the company must abide by the employment letter.

By analyzing the four plans of the personnel manager, we can see its feasibility:

Option 1, notify Chen Mou in writing to declare the offer letter invalid;

If the offer is revoked, it must be made before the acceptance is made. Now the letter of appointment has been sent to Chen Mou, and there is a month to reply. At the time of the incident, Chen Mou had agreed to sign the contract and resigned from his original job to prepare for the signing of the contract. According to the law, the letter of offer is actually an irrevocable offer. Chen Mou will refuse to accept the company's unilateral invalidation, and once the lawsuit is filed, the company will lose. This scheme is not feasible.

Option 2, refusing to sign a labor contract with Chen Mou;

Once the admission notice is issued, it will be legally binding on the employer. If the company refuses to sign a labor contract with Chen Mou, Chen Mou is bound to file a lawsuit and the company must bear legal responsibility. This scheme is not feasible.

Option 3, sign a labor contract with Chen Mou, but reduce the position and pay;

The employment notice contains part of the contents of the labor contract, and both parties shall sign the labor contract according to the contents of the employment notice, but they may also make changes on the basis of consensus. The company has stated the position and salary in the employment letter, and Chen Mou has the right to refuse to change it in the labor contract. If the contract cannot be signed because of this, the company will bear legal responsibility, and this scheme is not feasible.

Scheme 4: Sign a labor contract with Chen Mou, which will be terminated during the probation period.

At this time, the company abides by the employment notice, but the termination of the labor contract during the probation period is also restricted by law. Only Chen Mou can be terminated in advance if he does not meet the employment conditions. Once the company can't prove that Chen Mou doesn't meet the employment requirements, it must keep Chen Mou, which is unacceptable to the company. This plan is too risky.

Legal experts found the risks of four schemes, so they re-studied the offer letter and found a breakthrough: the offer letter did not indicate the contract terms. So I designed a one-month labor contract scheme and successfully solved the problem.

Counsel's advice

The admission notice is not an ordinary notice, but a legally binding document, which cannot be taken lightly. It is necessary for HR to study the contents of the company's offer letter. This thin piece of paper may hide unknown risks.

There are two basic points to note:

First, the letter of appointment is a unilateral constraint on the company, which can attract talents and may also bind HR's hands and feet, so there should be room for drafting.

Second, the letter of appointment is a unilateral offer by the employer, and the labor contract is an agreement between the employer and the employee and a legal document to establish labor relations. You can't sign a labor contract without an employment notice. After the labor contract is signed, the enterprise can choose to invalidate the employment notice, or it can continue to be valid as an annex to the labor contract. When the employment notice is inconsistent with the labor contract, the enterprise must invalidate the employment notice.

Whether the letter of offer has legal effect Article 2 Electronic data can be used as evidence, and its probative effect depends on the situation. Letter of offer: At present, the so-called letter of offer has no unified name, and it is generally translated as "offer" in law. According to the contract law, "offer" is the expression of intention to conclude a contract with others. This expression of will should be concrete in content, and once the offeror makes a promise, it will be bound by the expression of will. Therefore, an offerletter is generally a letter about employment information sent to workers before signing a labor contract with them. Legally speaking, it should be adjusted by civil law and contract law, not by labor contract law, which is not the same thing. Once issued, it will be legally binding on the employer, and workers can choose to accept or refuse. In enterprises with relatively standardized recruitment, information such as registration time, place, salary and benefits, position, etc. are generally stated in the employment letter to workers, and the validity period of the employment letter and its relationship with the labor contract are clearly defined, that is, after the labor contract is signed, the employment letter is regarded as an annex or invalid. After receiving the employment letter, if the employee agrees to the employment, it is necessary to send or fax the signed employment letter to the employer within the specified time.

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