The prohibition of a mala fide promise of employment


The wording of an employment promise does not imply the agreement between the two parts. Actually, only the employer commits himself in employing the official. Once he has properly formulated the promise of employment, he shall not do it out of mala fide.

The guarantees provided by an employment promise

Once the employment promise is done, the employer finds himself indebted to the official by an obligation voluntarily acknowledged. This promise belongs to the general law, in the way, it has to be done out of bona fide. Therefore, the employer is unable to justify the nullification of an employment promise with economic problems or a narrow budget that was already known when the promise was made. Besides, he cannot use the fact that the official’s precedent contract was terminated for serious misconduct, if he already knew about it.

How is a promise of employment different from a contract ?

Once the official has accepted the employment promise, it becomes as solid as a contract of employment, and gets almost impossible to nullify. At the same time, the employee is also bounded and cannot freely move away from it. The acceptance of the promise of employment puts the two parts as if they were bound by a real contract.

The only way for the employer to get separated from the official is through proper termination of contract. The procedure is actually the same.

Laws concerning an employment promise nullification

The jurisprudence was unsure on how to deal with such cases. At the beginning, they thought that the candidate deserved a proper contract termination even if he didn’t accept the promise yet. Then, they decided to apply it only when he had accepted. But in any case, a test period may always be agreed upon.