Does the employment notice have legal effect?

Does the employment notice have legal effect?

For example:

Xiao C is a fresh graduate of 2022. In May 2022, after written examination and interview, a well-known foreign company sent an employment notice to Xiao C, which stated the employment position, monthly salary standard, year-end bonus, other benefits and registration time and process. Xiao C was satisfied with this job, so he didn't take part in other recruitment.

After graduation, Xiao C reported to the company according to the registration time specified in the employment notice, but was told that the company needed to lay off employees for some reason and did not hire new employees who were approved to join the company.

Xiao C could not accept this, and filed a labor arbitration with the Labor Arbitration Commission, demanding that the company bear the liability for breach of contract.

The company believes that the employment notice is not a formal labor contract and has no legal effect. The reason why the two parties have not formally established labor relations is that the company does not need to bear any liability for compensation.

Case study: Does the employment notice have legal effect?

1. The nature of employment notice belongs to "offer" and has the legal effect of offer. The offer shall take effect when it is served by the employer, and the employer shall be bound by all the contents of the offer.

2. The laborer's behavior of reporting on time belongs to the "promise" of making an offer to the employer, which indicates that both parties have reached an agreement on all the contents of the employment notice, which is legally binding on both parties, and any party who violates it shall bear the liability for breach of contract.

3. Before the employment notice is delivered to the employee, the employer may withdraw it, and the employment notice will not have the legal effect of "offer" after being left behind. However, the employment notice issued by the employer will generally specify the commitment period of the laborer, so the employment notice cannot be revoked under normal circumstances.