Problems calling for attention when you sign an offer

May 23, 2017 2 mins read
Problems calling for attention when you sign an offer

Many people concern about the reliability of offer letters, wondering whether they are under legal constraints and protections or not. The essence of the so-called “Offer” is an offer. Article 14 of the Contract Law makes it clear that offer is an intention to contract with others. If a company issues an offer to their applicant, that means they hope to enter into a labor contract with the applicant.

Paper offer is the most reliable form. It requires both sides not only to confirm terms and conditions of the contract, like contract period, wages and others, but also to certify a reliable seal or signature. A company seal is the best, but if only a signature is provided, whether the signatory can represent the company needs to be confirmed.

The authenticity of the seal and signature also needs confirmation. If not sure, courier of the company or the shell of their mail envelope can be kept to support that document is issued by the company.

E-mail features promptness and convenience. But it is easy to be modified, making its authenticity often questioned by the other side in arbitration proceedings. To avoid this, the first suggestion for you is to ask the other party to use the company's mailbox to issue e-mail notifications. The company email must be used with the suffix of the company URL. If not, it is hard to say whether the mailbox is representative of the company or not. Secondly, it’s better for you to choose mail service provided by a third-party to receive the notification, such as Sina, NetEase. Because their system cannot be modified by users, in which case you can prove that your evidence is true and solid.

Article 19 of the Contract Law provides that:” In any of the following circumstances, the offer shall not be revoked: (1) offeror has determined the duration of the undertaking or expresses the offer irrevocable in any other form; (2) offeree has reason to believe that the offer is irrevocable and has made preparations for the performance of the contract.”

shanghai@morganmckinley.com