A promise of employment can be a real boon for a candidate looking for a job. A contract is formed, a commitment is made, and a promise is made. But what happens when the employer flip-flops and unilaterally breaks the agreement? As a professional, you may have already been through this unpleasant situation or you simply want to guard against such incidents. Let’s see together, through this detailed analysis, what are the options available to you if a promise of employment is not kept.
What is a promise of employment?
The promise of employment is a unilateral offer from the employer to the candidate for a specific position in a given company following a recruitment process that has led to one or more interviews with specific tests depending on the circumstances. It is usually carried out by letter, e-mail, or any other means to prove its existence. It must specify the candidate’s salary, date of hiring, and position. Once accepted by the candidate, it has the value of an employment contract.
The unilateral termination of the promise of employment
A promise of employment can be revoked by the employer only before it is accepted by the candidate. However, if the promise has been accepted by the candidate, the situation becomes more complicated for the employer. Indeed, the unilateral termination of the promise of employment by the employer after its acceptance by the candidate is assimilated to a dismissal without real and serious cause, which is legally problematic.
The legal consequences of breaking the promise of employment
If the employer unilaterally breaks the promise of employment after it is accepted by the candidate, they may be held liable. The candidate can then turn to the labor court judge to seek compensation. And according to labor law, they can claim damages for the damage suffered.
The evidence of the breach of the promise of employment
To be eligible for compensation, the candidate must prove that the promise of employment has been made and accepted. They must therefore have tangible evidence, such as email exchanges, letters, or any other form of correspondence that attests to the existence of the promise of employment.
Possible courses of action in case of a breach of the promise of employment
If you find yourself in a situation where a promise of employment has been broken, you have several options. You can, for example, apply to the industrial tribunal to seek compensation. You can also ask to be reinstated in the company, if possible. Otherwise, you can claim compensation, which will depend on the damage suffered.
It is important to understand that each situation is unique and that it is therefore essential to be accompanied by a professional in employment law to assert your rights. A broken promise of employment is not a trivial fact and can have serious consequences on your professional career. It is therefore crucial not to remain idle in the face of such a situation.
The importance of writing a formal promise of employment
Viewing a promise of employment as a simple informal exchange between an employer and a candidate can be a costly mistake. Indeed, such a promise is much more than a mere proposal; It is an offer of a legally binding employment contract once it has been accepted.
The promise of employment, like any employment contract offer, requires special attention when drafting. It must mention specific elements such as salary, place of work, date of function and position to be filled. The absence of these elements could make the promise of employment legally non-binding.
It is strongly recommended to send the promise of employment in a form that can be traced and proven, such as an email or a letter sent by mail. It is also preferable to sign and date the promise of employment to confirm its acceptance.
It is essential to understand that, although the promise of employment is unilateral, it is binding as soon as the candidate accepts it. This acceptance transforms the promise into an employment contract, which means that the employer can no longer withdraw without risking legal consequences.
The implications of breaking a promise of employment
Breaking a promise of employment can be a nightmare for a candidate, especially if it comes after that promise has been accepted. Indeed, a promise of employment unilaterally broken by the employer after acceptance by the candidate is equivalent to dismissal without real and serious cause, thus entailing legal consequences.
The employer may have to pay damages to the injured candidate. The amount of these damages will depend on the actual harm suffered by the candidate. It should be noted that the candidate will have to prove the existence of the promise of employment and its acceptance to obtain compensation.
The decisions of the Court of Cassation (Cass. soc) specified that the employer could be required to pay compensation equivalent to the severance pay in the event of unilateral termination of the promise of employment. It is therefore particularly risky for an employer not to keep a promise of employment.
The referral to the labor council: a key step
If you are the victim of a breach of promise of employment, it is essential not to remain without acting. One of the first steps to be taken is to apply to the industrial tribunal to seek redress.
It is important to remember that it is necessary to be able to prove the existence of the promise of employment and its acceptance to claim compensation. Evidence can take different forms: email exchanges, letters, or any other type of correspondence that can attest to the promise.
Note that the industrial tribunal can order the employer to reinstate you in the company, if possible. If this option is not viable, the court may order the employer to pay damages for the harm suffered.
Conclusion
In summary, a promise of employment is not to be taken lightly. It is equivalent to an offer of an employment contract and is legally binding once accepted by the candidate. The unilateral termination of a promise of employment can have serious consequences, both for the employer and for the candidate. If you find yourself in such a situation, do not hesitate to seize the industrial tribunal to assert your rights. Remember that each situation is unique, support from an employment law professional can be valuable to fully understand your options and ensure your rights are protected.
This type of case can lead to frustration on the side of the person who has had their promise of employment broken. So, it is necessary to control your e-reputation in the best way possible, in particular by exploiting our employee review platform and thus be able to answer/control the opinions you receive.
FAQs
What is a promise of employment and what are its characteristics?
An employment promise is a unilateral offer from the employer to a candidate for a specific position in the company. It must be clearly formulated, specifying the salary, the date of hiring, and the position of the candidate. Once accepted by the candidate, it has the value of an employment contract.
What are the legal consequences if the employer unilaterally breaks a promise of employment after it has been accepted by the candidate?
If the employer unilaterally breaks the promise of employment after it has been accepted by the candidate, this can be assimilated into a dismissal without real and serious cause. The candidate can then refer the matter to the industrial tribunal to seek redress and obtain damages. The employer can be held liable and must prove the existence of the promise of employment and its acceptance to avoid negative legal consequences.
