Job Offer or Employment Contract?
JUL 26, 2022
When a future employee accepts a job offer (unilateral declaration of the company showing its intent to sign a contract with the future employee including all essential elements of a contract) an employment contract has been formed.
In this case, the offer had the essential elements (commencement date, type of contract, working time, salary, workplace, etc.) and it had been accepted by the future employee because the latter asked the company to send him a related e-mail, so he was able to ask for an unpaid leave to his previous employer. The company withdrew the job offer, which represented a breach of contract that triggered a damages compensation in favor of the future employee amounting to EUR 6,408.01 (salaries that would have been paid without the breach and the final settlement of wages, calculated at the foreseen termination of the temporary contract). Appellate Court of Galicia, May 20, 2022.