The legal effect of the employment notice has not been clearly stipulated in Chinese law. In the theoretical circle, the employment notice is generally regarded as an acceptance, and some people regard it as an offer, but whether as an acceptance or an offer, it has legal effect on the parties. If an offer based employment notice is issued, corresponding risks shall be dealt with from the following aspects:
First, in order to retain a certain degree of employment initiative, the employment notice should list the exceptions of non employment one by one.
Second, once the employment notice is issued, if there is still an opportunity to withdraw or revoke it, it should be seized. Before the employment notice reaches the proposed employee, the employer can withdraw the employment notice. It should be noted that the withdrawal notice must reach the proposed employee before or at the same time as the employment notice; Before the proposed employee makes a commitment, the employer can revoke the employment notice, but the revocation notice must arrive before the proposed employee makes a commitment, and the following irrevocable circumstances do not exist:
(1) The employer has determined the time limit for the person to be employed to make a reply or has made clear in other forms that the employment notice is irrevocable;
(2) The proposed employee has sufficient and reasonable reasons to believe that the employment notice is irrevocable and has made preparations for the performance of the contract, such as resigning from the original unit.
Third, once the employment notice is issued, it has legal effect. Unless it is withdrawn or revoked according to law, the employer shall not unilaterally change its contents, such as job position, salary, welfare, etc.
Fourth, the employment notice is not equivalent to a labor contract. Once an employer hires an employee, it should still sign a labor contract with him in a timely manner according to law to avoid bearing the corresponding legal consequences. If the agreement in the labor contract is unclear, the relevant contents in the employment notice will be followed.
