The use of promises of employment to candidates is increasingly common these days, with companies seeking to stand out from their competitors in the recruitment process.
Through this act, they demonstrate their interest in the skills and talents of the candidates, thus promoting a relationship of trust. Much more than a simple administrative formality, the promise of employment embodies an employer’s commitment to recruit a candidate provided that the latter approves it.
Find out here the gist of what a recruiter needs to know about the promise of employment addressed to a candidate, as well as the possible consequences when it is not honored.
Employment promise: What is it?
Understanding what a job offer entails for a candidate and how it differs from an employment contract is just as crucial for any recruiter as knowing the goals and challenges of recruitment in a company.
Definition of an employment promise
A job offer to a candidate is an action taken by a recruiter towards an applicant, ensuring both parties that an employment contract will be signed at a later stage.
When accepted by the candidate who is the beneficiary, it provides the employer with the assurance of a contract being signed.
Therefore, an employment promise is a preliminary step before the signing of an employment contract. For a recruiter, reaching the stage of the candidate’s acceptance of the job offer is synonymous with the success of their recruitment campaign.
The nuance between an employment promise and an employment contract
Although in form, these two contracts may resemble each other, the existence of a recruitment promise does not exempt the formal establishment of an employment contract.
Indeed, the employment promise extended to the candidate serves as a guarantee of the future signing of an employment contract. Thus, a job offer is not an employment contract.
It is a preliminary agreement crafted between the employer and the candidate in cases where the immediate signing of an employment contract is not possible.
What are the forms that an employment promise can take?
Just as with the advantages and disadvantages of external recruitment or the advantages and disadvantages of internal recruitment, the recruiter must be familiar with the two types of
employment promise, namely the employment contract offer and the unilateral promise of employment.
The employment contract offer
The employment contract offer is an action in which the employer submits a proposal for an employment contract to a candidate, thereby demonstrating their intention to establish a contractual relationship in the event of acceptance by the candidate.
The commitment of the employer only becomes effective if the candidate explicitly agrees to the offer.
The unilateral promise of employment
The unilateral promise of an employment contract, on the other hand, refers to the action in which an employer promises a future employment contract to a candidate.
Through this type of promise, the employer makes a commitment statement to the candidate. Consequently, the employment promise takes on the value of an employment contract in the eyes of the recruiter, even though it is not technically one.
In what form should an employment promise be presented?
There is no legally required specific format when it comes to an employment promise to a candidate. Whether it is made by phone, in direct conversation, or sent by email, the offer remains valid.
However, the employer should ensure the clarity of the offer and include mention of certain important elements. It is therefore advisable to establish it in writing to legally attest to the existence of the promise if necessary.
What are the elements that should appear in an employment promise?
It is important for a recruiter to master the elements that should be included in an employment promise. In order for an action to be legally recognized as an employment promise, it must mention:
- Contract Duration and Start Date: It is essential to specify in the document the period during which the contract will take effect and the expected date for the candidate to start their employment.
- Job Title and Status: The position the employee will hold and their status within the organization should be mentioned in the contract.
- Weekly Working Hours and Compensation: This section should specify the number of weekly working hours and the offered compensation.
- Intended Workplace: It is equally important to mention in the job offer where the candidate will be required to work, either by specifying the address or providing a general indication.
- Employment trial Duration: In this part, the duration of the work trial period during which the candidate’s performance will be evaluated before final confirmation of employment should be stipulated.
In today’s digital age, with the involvement of various channels in the recruitment process, it is also necessary for a recruiter to be well-versed in recruitment digitization.
What are the advantages of an employment promise to a candidate?
There are numerous advantages for the employer in using an employment promise. Firstly, it ensures talent acquisition.
By issuing a job offer, the employer secures the commitment of a qualified candidate, even before the formalization of the employment contract. This prevents competitors from attracting the candidate while administrative details are being settled.
Additionally, an employment promise helps reduce delays. Once the candidate accepts the offer, the employer can expedite their integration, reducing the time between candidate selection and their actual start date. This contributes to the operational continuity within the company.
Furthermore, using such a guarantee enhances the company’s image. Through the use of an employment promise, the company demonstrates its proactive and serious approach to the recruitment process. This can strengthen the company’s reputation as an attractive employer that cares about the well-being of its future employees.
What are the legal implications of an employment promise?
As for the legal implications of an employment promise, the ability to anticipate the legal issues associated with an employment promise to a candidate is an important skill for a good recruiter.
The legal value of an employment promise
The legal value of a job offer varies depending on whether it is an employment contract offer or a unilateral promise of an employment contract.
In the case where the promise made to the candidate is an employment contract offer, it only carries legal value when accepted by the applicant. However, it should be noted that even when an employment contract offer has legal value, it is not the same as an actual employment contract.
As for the unilateral promise of an employment contract, it is endowed with a legal value from the moment it is issued. This type of promise is equivalent to an employment contract.
Consequences of a Breach of an Employment Promise
An employment promise, being of a contractual nature, implies a mutual commitment of the parties, who may therefore be obligated to provide compensation in case of non-performance detrimental to the other party.
In the event that the employer does not honor the employment promise, the candidate has the possibility to claim damages due to an abusive breach of the contract.
Similarly, if the candidate withdraws after acceptance, the employer is entitled to seek damages.
The assessment of the harm caused by this withdrawal could take into account the disruptions caused in the company due to the employee’s absence from the workplace.
It may also consider the need to restart the entire recruitment procedure and associated costs, such as the involvement of recruitment agencies or the time spent interviewing new candidates.
Can the candidate refuse an employment promise?
A candidate is entirely within their rights to refuse an employment promise. Although this promise represents a potential commitment between the parties, it is not yet a binding employment contract.
The candidate can choose to decline the offer for various reasons, such as concerns about the terms of the contract, suitability for the position, or other personal considerations.
Refusing the employment promise typically does not result in legal consequences for the candidate, unless specific agreements have been made.
That being said, the recruiter should keep in mind that the publication of employee reviews on a trusted employee review platform can play a crucial role in a candidate’s acceptance of an employment promise.
Indeed, these reviews provide the candidate with an authentic insight into the company’s culture, values, and team dynamics. They have the potential to prevent the candidate from declining the employment promise.
