When we are looking for a job or employees, we count on the whole process to be successful and fair. Unfortunately, this is not always the case, so in many cases, written confirmation of certain findings is a must. In some situations, a promise of employment can be a salvation. What is it and what can it guarantee? Read the article to find out more!
Employment promise – what is it?
Employment promise is otherwise known as a preliminary contract. This civil law contract is a kind of security for both the employee and the employer. In it, the employer assures that he will hire an employee, the latter in turn – that he will undertake work.
This type of document is often necessary for people who apply for a stay abroad. However, it is not uncommon to sign it when the employee still has obligations to the previous employer – for example, the notice period is still in progress.
Information that should be included in the promise of employment
Employment promise is governed by civil law and should contain information such as:
- details of both parties to the contract,
- place performance of duties
- amount of work,
- amount of remuneration for work,
- date of conclusion of the final contract,
- (optional) amount of compensation in the event of a breach of contract terms.
In what situations is the promise of employment relevant?
As already mentioned, proof of employment may be necessary if you are applying for a residence permit abroad. In some cases, in order to stay longer in a given country, it is necessary to have an assurance that we will undertake work.
If we look at the promise of employment through the eyes of the employer, it is a guarantee for the employer that the employee, who could not start working immediately due to other obligations, will do so in the near future. He has already completed the recruitment process and selected the best candidate, so it’s no surprise that he wants to be sure that he will actually take the job, takes the position seriously and is not looking for anything else at the same time.
It may also happen that the employer will assure the potential employee during the interview that he has been given a job, and consequently he will resign from the previous job. The employer promises that the position will be waiting for him until the end of the notice period with the previous company. In the end, it may turn out that after this time the company has already found someone else, and the employee is left without work.
To feel safe and not worry about whether we really have a job or employee, it is worth proposing to sign an agreement such as employment promise.
Employment promise – what is the risk of breaking it?
If one of the parties breaches the provisions of the promise, the other may demand compensation. The employee may also demand that a contract be signed, the provisions of which are included in the promise.
The parties to the conflict decide how much compensation may be. The employee may use a predetermined salary by multiplying it by the number of months in which he has not worked.
The amount of compensation may also be indicated earlier in the provisions of the promise of employment. Then each party will be sure what amount they should claim.
However, please note that if we want to seek compensation, we must do so within one year from the date of signing the contract. After this period, the claim becomes time-barred.
Employment promise will help you get a loan?
Employment promise may be useful also when we want to obtain a loan for several years, but we are employed under a fixed-term contract. In such a situation, the bank often does not grant a loan because the continuity of our earnings is not confirmed.
If, however, we are sure that we will sign another contract after a fixed-term contract, this time for an indefinite period or for a period for which we want to take a loan, it is worth asking the employer to sign a promise of employment, in which the bank will assure that the employment will continue.
