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Can the employer's refusal of the employment contract signed by the employee be regarded as a violation of the right of the other party in the EMAS?
Can the employer's refusal of the employment contract signed by the employee be regarded as a violation of the right of the other party in the EMAS?
Article 407.1 of the Civil Code states that the contract is considered concluded when the person who sent the offer receives its acceptance. That is, if one person sends an offer to another, and the other party accepts (confirms), the contract is considered to have already been signed. It is true, the Civil Code does not apply to labor relations. But in our opinion, the employer's cancellation of the employment contract signed by the person to be hired is a violation of the rights of the other party.
Example. On September 2, 2024, the employer sent the electronic labor contract to the employee for approval. Although the employee signed the document on that date, the employer canceled the employment contract on September 5, 2024. It is possible that the employee will carry out certain procedures related to getting a new job during that period. For example, terminate the employment contract at the current workplace, rent an apartment near the new workplace, etc. The employer's refusal to sign the employment contract after the employee's approval may cause the other party to suffer certain financial losses.
Article 407.1 of the Civil Code states that the contract is considered concluded when the person who sent the offer receives its acceptance. That is, if one person sends an offer to another, and the other party accepts (confirms), the contract is considered to have already been signed. It is true, the Civil Code does not apply to labor relations. But in our opinion, the employer's cancellation of the employment contract signed by the person to be hired is a violation of the rights of the other party.
Example. On September 2, 2024, the employer sent the electronic labor contract to the employee for approval. Although the employee signed the document on that date, the employer canceled the employment contract on September 5, 2024. It is possible that the employee will carry out certain procedures related to getting a new job during that period. For example, terminate the employment contract at the current workplace, rent an apartment near the new workplace, etc. The employer's refusal to sign the employment contract after the employee's approval may cause the other party to suffer certain financial losses.