Introduction

The journey from an initial candidate's application to the final stage of assuming their new role involves several critical steps that significantly influence the success of the recruitment process. One such pivotal stage is the job offer presentation to the candidate, following their evaluation and deemed suitability for the vacant position by the management. Typically, the formal offer includes essential details about the new role, such as job title, department, direct supervisor, job nature (full-time or part-time), work hours and days, monthly salary, allowances, benefits, a brief description of job duties, the proposed start date, and the offer's validity period. The offer concludes with an acknowledgment for the candidate to sign if they accept the terms presented.

Signing Phase

This stage precedes the contract signing phase, leading to the candidate officially starting their new job. It requires the candidate's attention to several important aspects, including formally receiving the offer, taking adequate time to review the job offer, and comparing the workload against the material and non-material benefits to make an informed decision.

 

Acceptance of the offer by the candidate leads to a consensual contract formation between the parties, as per Article 51 of the Labor Law. Conversely, a candidate's rejection of the offer nullifies its effect, rendering it as though it never existed. A contract is only formed once the candidate confirms their acceptance of the job offer and expresses a genuine interest in joining the organization.

Joining Phase

Subsequently, the stage of joining the company and signing a work contract based on the job offer follows. Upon executing the job offer and drafting the contract, parties may agree to new terms and conditions not mentioned in the offer or alter previously agreed terms. In such cases, the contract's terms exclusively apply, though the job offer and its terms can be referenced if omitted in the contract.

Fails to Fulfill Obligations

 

In cases where either party fails to fulfill their obligations, leading to the candidate not commencing work, the situation varies depending on the defaulting party. If the worker refrains from formalizing the contract or starting work, resulting in tangible losses for the company, such as contracting for a project or service dependent on the worker's role, the worker may be liable for compensating the company for incurred damages.

If the company reneges on employing the candidate, causing harm to the candidate—such as resigning from their previous job or relocating based on the offer, only to find no employment—the company may be liable for compensation.

Note

 A job offer delineating both parties' rights and obligations, including job title and monthly salary, becomes akin to an employment contract once sent to the candidate and upon their acceptance, especially if the worker begins work accordingly. The intention of the parties prevails, regardless of terminological differences.

 

The importance of a job offer, especially when professionally crafted and fulfilling its conditions, underscores the necessity for both the employer and employee to handle it with due seriousness and attention. It serves as evidence of the agreement reached during negotiations, potentially holding significance nearly equivalent to that of the finalized contract.