What is an offer? Is it a labor contract?

After one or several rounds of interviews, the interviewer will receive the admission notice from the recruiting unit. Many people use the English abbreviation of OFFER, which is the full name of OFFER LETTER.

Receiving this OFFER means that you have met the requirements of the recruiting unit and can start a new job in the new unit. This is a very happy thing.

So what is the essence of this proposal? Is it a labor contract? Maybe many people don't know.

First, the nature of the admission notice

The offer made by the new company is an offer. After layers of interviews and selection, the applicant sent a message asking to sign a formal labor contract, not a labor contract.

Second, the legal effect of the admission notice

After the Notice of Employment is issued, although the employer and the applicant have not yet signed a labor contract, if the employer reneges unilaterally and causes losses to the workers, then the employer shall be liable for the losses.

Article 13 of the Contract Law stipulates that the parties shall conclude a contract through offer and acceptance.

Article 14 of the Contract Law stipulates that an offer is an expression of intention to conclude a contract with others and shall meet the following conditions:

Specific content;

(2) The offeror is bound by the expression of will by indicating that he has accepted the offer.

Accordingly, both parties should conclude a contract by offer and acceptance. "Offer" means the intention to conclude a contract with others, and the offer issued by the recruiting unit conforms to the constitutive requirements of the offer and has the legal effect of the offer. And "acceptance" means that the offeree agrees that the contents of the offer have been established. Once the commitment takes effect, the contract is established and legally binding. When the applicant accepts the offer, it is deemed that he agrees to the offer and the contract is established.

After receiving the offer, the applicant replies to accept it, stating that it is "commitment", and then the offer is irrevocable. At this time, if the enterprise unilaterally terminates the employment, which violates the principle of good faith, it should bear the responsibility of "contracting fault" to the applicant. For the losses suffered by the applicant, it is necessary to prove or demonstrate the rationality of its claim.

III. Contents of the General Admission Notice

1, employment conditions, position and level

2. Validity of the offer: reply within a few days after receipt, and it will be invalid if you fail to reply within the time limit;

3. Salary: such as salary composition, various subsidies, allowances, etc.

4. Welfare content: such as insurance content.

5. Probation period, a description of the term of the labor contract: for example, probation requirements, duration, probation salary, etc. ;

6. Reporting information: such as time, place, contact information, carrying information, etc.

7. Requirements for replying to the offer: such as valid statement, reply time, form and signature confirmation.

4. What should I pay attention to when I receive the OFFER LETTER?

What should candidates pay attention to when they receive an offer?

1. First, pay attention to the form of the offer.

As a formal offer, the offer form is only valid if it meets the following requirements:

1), in writing. Stamp the company's official seal, or stamp the human resources department and send it by official letter.

2), the form of mail. Send it through the company mailbox representing the identity of the company.

Receiving a paper offer depends on the signature of the staff, the signature of the department head or the official seal of the company. Otherwise, if you get a simple printed paper, the workers will take this proposal to the new company, and the new company may refuse to hire it.

Job seekers who receive the employment notice by email should reply in the form required in the employment notice, which means that the employment notice is recognized and accepted. It should be noted here that if you send an offer by private mail, you can ask for a written offer with an official seal.

2. Check the contents of the quotation

After receiving the OFFER, you should check whether you have the above basic contents and whether the contents are in line with the conditions at the time of application.

The new offer does not specify the entry time, salary, jobs and other related matters. It is suggested that job-hopping employees confirm the entry time with the person in charge of the new company before submitting the resignation request from the original company. Because the new offer has no definite time, it can be revoked legally.

When the applicant got a new offer, jumped ship and reported to the new company, the new company failed to hire him, and the employee who jumped ship held an offer stamped with the official seal, which had legal effect, so the employee who jumped ship could ask the new company for compensation. If the new company refuses to pay compensation, the job-hopping employee can hire a lawyer to intervene and ask the company for compensation.

Verb (abbreviation of verb) report on entry precautions.

When registering for employment, we should pay attention to whether the content of the offer is consistent with the content of the labor contract. If not, the offer is replaced by a labor contract, and the applicant signs the labor contract to agree to the change.