What is a job offer?
A promise of employment is a firm commitment of an employer with respect to a candidate for the occupation of a given position on a specific date. It differs from the employment contract which, for its part, frames the conditions of execution of the position and functions.
The promise of employment can be oral or written, there is no definite form for this act. However, if it is written, it is easier for both the candidate and the employer to defend themselves later in the event of a dispute. It therefore clearly specifies function what will the candidate do and his date of entry in the business. To be complete and unequivocal, we will include the salary, location, and working time of the candidate.
What does a promise of employment commit to?
If your employer reconsiders his decision, you can turn to the prud’hommes and ask for damages.
Thanks to a promise of employment, you can assess the damage suffered if you have resigned and your new employer withdraws. Failure to respect a promise of employment may be judged by the courts as equivalent to dismissal without real and serious cause. Similarly, a candidate who withdraws can theoretically be prosecuted, especially if the promise of employment came at the end of a costly recruitment procedure.
What are the reasons for obtaining a promise of employment?
A promise of employment will be particularly useful in the following cases:
- the signing of the employment contract is distant in time. The employment promise protects you during this time;
- you are going to resign from a position on a permanent or fixed-term contract for the new position. The promise of employment assures you that there will indeed be a job;
- you need to prove that you will be working with an administrative body and do not yet have an employment contract. The promise of employment gives you access to registration for services such as childcare.
Professionals at your service:
- Lawyers or lawyers specialized in labor law
- Labour Court
- employment center
