A non-EU citizen accepted an offer of employment in writing via email for a company based in the Netherlands. They sent their passport and other documentation to the company to begin the process of acquiring the necessary company-sponsored visa for their employment, as well as internal HR processes.
Days later, with no communication in the interim, the individual changed their mind and decided against taking the offer. They once again informed the company via email.
Representatives of the company wrote to the individual to notifiy them that, whilst no contract of employment had been signed, the individual was in breach of contract (implicitly affirming the acceptance via email constituted a contract). On this basis, they sent an invoice itemising 1. Administrative Actions, 2. Application permit, and 3. Starting a new recruiting and selection procedure as costs incurred.
There are two primary questions stemming from this scenario.
- Does the email constitute a contract under Dutch or EU law, and is the individual in breach of it?
- If (1), what liability does the individual have, if any, for the costs incurred by the company and what is the legal basis for this?
A related question is to do with the enforceability of this given that the individual does not belong to a the Dutch or indeed any European jurisdiction.