Employment contract?
I had received an offer to join a small financial advisory firm and had received only an electronic copy of the employment contract (NOT signed). I was asked to sign and return it in an electronic format after which my employer was supposed to sign it. It was in May of this year.
It was July 20th almost a month and 20 days later after I started working my contract had still not been signed. When I brought it up with my employer and stated that I was no longer interested in pursuing this employment (for various reasons including negligence on their part to sign my contract) I received a signed electronic copy of the contract the next day.
I am no longer interested in working for this company but according to my contract I am obligated to return my sign on bonus if I resign now. I had joined this firm and gave up other opportunities at a bigger organizations because of their false promises about big opportunities and etc.
Is there any liability involved on their part?
Answers:
Sneaky, huh? if they dont sign, no contract...later if they say they signed,
you owe a bonus....I would have sent that contract back, and had them sign 1st, then sign and make copys, send back...a legal contract...
Depends on the jurisdiction and how labor contracts are viewed.
In some countries, holding someone to a joining bonus is considered illegal and violative of his right to earn his living.
Sounds like you have a pretty shady employer and should seeks some good legal advice.
Unless they have violated the terms that are stated in the contract itself, you have no recourse. If they have violated promises that they made IN the contract, then you can sue. But it has to be a specific promise. "You will have big opportunities" is too vague and will not hold up.
which country is this? Prob the first thing is to consult the nearest relevant labour association or the organization that dictates the labour laws in the area.
If you could show that the company only gave you the signed contract after 1month 20days (by means of showing the email with the date, maybe?) then you might have some (bargaining) chips to play with. Need to keep all your emails & documentations handy. But still check wif the regulating body 1st.
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