During a recruitment phase, the company has the possibility, when a candidate corresponds to the position, to submit a promise of employment. This document serves both as a guarantee for the employer and also for the future employee. The promise of employment can be written in different forms and must include certain essential information.
> Download: The guide to inbound recruiting” align=”middle”/>
Definition of the promise of employment
A job offer is a document drawn up by an employer for a candidate making a job offer. This optional document allows you to wait until the final recruitment. There are 2 forms of employment promise: the offer of employment contract and the promise of employment contract.
What is a promise of employment for?
The promise of employment is generally designed to allow a candidate who has passed an interview to wait for his effective entry into the company. This is not a mandatory document. The employer, if he so decides, can have this document drawn up in order to make the future recruit wait. It also protects each party that signs this promise. On the one hand, this document guarantees the employer that he has found the employee to be recruited and on the other hand it ensures that the candidate will be recruited soon.
The promise of employment represents a capital and significant document binding the two parties. It can even be at the origin of the employee loyalty process. Indeed, taking care of the entry of future employees into the company is a notorious sign of respect. If, during his application, the candidate already has a positive vision of the company then his loyalty will only be favored once in office.
What is the legal value of the promise of employment?
It is necessary to distinguish 2 different forms when it comes to promise of employment. Indeed, this document can be presented either in the form of an offer of employment contract or in the form of a unilateral promise of employment contract. The two terms may sound similar, but there really is a difference and it can have many legal consequences. Here are the two detailed documents:
- The offer of employment contract : in this specific case, the employer makes the proposal to the candidate to hire him. His willingness to offer him the position in question is therefore recorded by this offer of employment contract. It is, as its name suggests, a simple job offer made by an employer to a candidate.
- The unilateral promise of an employment contract : here the employer makes the promise to hire the candidate. He clearly undertakes through this document to make him regularize an employment contract soon.
In other words, the offer of a contract of employment is equivalent to a proposal made by the employer on the condition that the candidate accepts it. The unilateral promise has the same value as the employment contract and the employer cannot withdraw.
What happens in case of non-respect of the promise of employment?
Depending on the document drawn up, there are different possibilities:
Regarding the offer of employment contract
For the offer of a work contract, the withdrawal is flexible since the employer can freely withdraw from his proposal. On one condition: that the future employee has not yet received the offer. It sometimes happens that an employer writes in the offer a period of reflection in favor of the candidate. If, during this cooling-off period, the employer puts an end to the employment contract offer, then the establishment of the contract is no longer possible thereafter. This can lead to certain consequences for the employer such as a payment of damages to be paid to the future employee. For this, the latter must be able to justify the damage suffered.
Regarding the unilateral promise of an employment contract
If the employer decides during the reflection period of the future hire to revoke the promise, then 2 scenarios are possible:
- termination does not prevent the employment contract from being formalized later
- this can be considered unfair dismissal
In the last case, the aggrieved candidate may, if he wishes, seize the Labor Court to ask the employer to pay damages for wrongful termination of the unilateral promise of the employment contract.
How to make a promise of employment
Since the promise of employment is not a mandatory document and is not subject to precise formalism, the employer can write it as he sees fit. However, certain mentions must appear on the promise in order to have a minimum of information:
- the exact description of the position to be filled
- date of taking office
- the place where the job takes place
- the amount of compensation
job offer template
(The head office)
(Name and surname of candidate)
(Company City), on (date)
Subject: Promise of employment
(Madam/Sir – Name of candidate),
We follow up on our interview of (date) by which we decided to make you a promise of employment for the position of (position description).
This position in (indicate the type of contract: CDI, CDD, etc.) within (company name) will take effect from (effective date) under the following conditions:
You will occupy the position of (job title) where you will be responsible for (designation of the position and its exact missions).
From the date of signature of the contract, you will be subject to the provisions of the Collective Agreement of (specify the agreement) and you will carry out your activity at (name and address of the company).
You will work on an hourly basis of (indicate the number of working hours per week) and you will receive a gross annual fixed remuneration of (amount of salary).
When you arrive at the company on (date), we will give you an employment contract containing all of the above information.
If this promise of employment carries your agreement, we thank you for kindly returning to us a signed copy with the handwritten mention “Read and approved”.
We are waiting for you with impatience and expectation, please accept, Madam / Sir, the expression of our best regards.
The promise of hiring can be very useful to record a common work intention between the employer and the candidate. This document makes it possible both to reassure the future recruit and at the same time to confirm future recruitment by the company which is looking for new candidates.
To go further, download this free guide to inbound recruiting and learn how implement an inbound recruitment strategy.