Published on : 14 February 20172 min reading time
A promise of employment is a pre-employment contract. It could either be formalized, or orally done; it bounds the employer when he is clear enough. Again, he must mention some elements like the name of the future employee, the description of his job, and the salary… The judges have, however, précised that the absence of any of these elements does not automatically nullify the promise.
The employment promise : a real commitment ?
The promise of employment bounds the employer only when it is based on a good will of employing the official. As is the case when an employer precises, in his letter, all the needed information that are cited above. However, this commitment depends on the level of development that the project has reached.
Is the employment promise irreversible ?
The qualification of the employment promise defines, insofar that his acknowledgement entails that of an “irreversible commitment and from which the official takes advantage”. This aspect makes it different from a simple offer of employment that the employer may nullify as long as the official did not accept. However, the bona fide obligation obliges the employer to limit the use of such procedure. In fact, the employer commits an abuse if he takes his offer back too soon.
What happens if there is a conflict about the promise of employment ?
So, the judges will proceed using a deep factual analysis that will eventually show whether there is an employment promise or not. Their decision will be supreme and irrevocable.
In the end, if the employer was clear enough, taking back the employment promise is not for his best interests.
The prohibition of a mala fide promise of employment