Breach of a job offer: when a preliminary contract gives rise to the right to compensation

Have you made a job offer, the candidate has accepted it and even left their previous job... but in the end the contract has not been formalised? This situation is not uncommon, and the courts have ruled that if there is a preliminary contract or a proven promise of a contract, the person affected can claim compensation for damages. Find out what the case law says and how to handle these cases safely from the payroll and personnel department.

What is a breach of a job offer?

A breach of a job offer occurs when a company informs a candidate that they have been selected, they accept and legitimate expectations are created, but ultimately the contract is not formalised.

A recent case in the High Court of Justice of Murcia awarded a worker compensation of €8,927.48 after the company failed to fulfil its promise of a contract. The ruling was based on:

• The existence of prior conversations demonstrating agreement on the position and working conditions (WhatsApp and emails).
• The company's actions prevented the candidate from joining the company.
• Economic damages (lost wages) and moral damages (anxiety, loss of opportunity).

Legal basis and case law

Although there is not always a formal contract, the law recognises the validity of a preliminary contract or promise of contract:

• Contractual good faith: The company has an obligation to act with honesty and transparency, avoiding creating unjustified expectations.
• Civil Code: Articles 1101 and 1106 on compensation for damages.
• Workers' Statute: The doctrine admits that a lack of formalisation attributable to the company may give rise to compensation if damage is proven.
• Murcia High Court of Justice Ruling 2025: Recognises compensation for breach of a job offer, including both economic and moral damages.

Why does this affect payroll and human resources?

As those responsible for personnel and payroll management, it is essential to be aware of this type of risk:

• Documentation: Emails, WhatsApp messages and other communications can serve as proof of a promise of contract.
• Financial risks: The affected person may claim lost wages and other compensation.
• Planning: If the candidate leaves their previous job relying on the new position, it is necessary to formalise the contract quickly to avoid liability.
• Internal control: Payroll, contracts and new hires must be coordinated with HR to minimise legal risks.

Practical advice for companies

1. Formalise the offer: clearly communicate that acceptance only generates the right to a contract if it is formalised.

2. Document all communications with candidates.

3. Coordinate with HR and payroll to know when a contract is pending and what risks exist.

4. Define internal protocols if the company decides to withdraw the offer.

5. Train the team on the legal consequences of breaching a job offer.

The preliminary contract or promise of contract is a legal reality with practical effects: if the company does not comply, it may have to compensate the candidate. Managing this process correctly avoids conflicts, protects the company's image and ensures proper payroll and personnel management.