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Anony K (Consultant)     10 October 2011

Employer not providing noc (no objection certificate)

Hi,

I am employed with a multinational corporation with my base location in India. My notice period at the company is 3 months. I was recently offered a job with the Finnish organization of same parent company. I have formally resigned from my position here, and have accepted the Finnish employment offer. I have not informed the Indian organization of my future plans. 

The next steps are to apply for a Finnish work permit, for which I have all the requisite documents except for an NOC (No Objection Certificate) from my employer. They are not providing this, for reasons unknown to me. I submitted my resignation about 3 weeks ago. 

Can anyone here give me advice on how to proceed? Is there any law related to NOCs? 

Thanks!



Learning

 5 Replies

Sanjeev (Lawyer)     10 October 2011

what do you mean by a No Objection certificate - companies just provide a relieving letter to their ex-  employees.

In what respect the company would issue a No objection- what contents would you be needing in the No objection.

Kumar Doab (FIN)     10 October 2011

You have posted that, you have submitted resignation. It is believed that you have not submitted notice of resignation. Since your notice period accepted by you is of 3 months you have to tender notice pay for the shortfall in notice period.

You can submit a gentle letter, under acknowledgment, addressed to good offices of  your appointing authority, MD/CEO, Head-HR, and ask them to supply you, by registered/speed post, acknowledgment and acceptance of your resignation, to adjust notice pay @ basic pay ,in your FNF statement, against amounts payable to you, FNF statement, payment of your dues payable to you, work experience certificate/service certificate, form 16, PF accumulation reports/withdrawal-transfer forms, NDC, relieving letter, etc. You can prepare your own statement of amounts payable by you to company and amounts payable to you by the company. You can mention that as per FNF statement if any amount is payable by you, it may be informed to you in writing, so that you can supply it by cheque payable to company against acknowledgment.

You should submit the company property if any with you, and ask the company to whom you should submit company property, and an appointment may be fixed with the designated employee and designated employee may be asked to issue the acknowledgment on the spot to you. It is believed that you have completed all tasks/assignment on hand and you enjoy good rapport with your reporting authority, and you have not signed any agreement/bond with the company.

In case there are no differences company may issue relieving letter. Company can sit on relieving letter.

The FNF statement, acknowledgment of company property and no dues remarks on the same can  be accepted as sufficient by your current employer.

1 Like

Anony K (Consultant)     10 October 2011

Hi,

I wish to serve the 3 month notice period. I resigned in mid-september, and my last working day will be in mid-december (after 3 months). However, I would like to apply for the Finnish work permit application from now itself (since it takes 2 months to process).. This is why I need the No Objection Certificate. 

Info regarding NOC - https://en.wikipedia.org/wiki/No_Objection_Certificate

To summarize - 

I resigned sept 15

My last working day is Dec 15 (after 3 months)

I need an NOC from my employer, which is not providing this to me.

 

Friends, please provide me your inputs. Thank you!

Kumar Doab (FIN)     10 October 2011

You have an individual and specific requirement and matter is HR domain.

First of all you should obtain acknowledgment of your notice of resignation. You should submit amounts payable by you, and payable to you and net figure suggesting that nothing shall be payable by you. can submit all company property or submit a list of company property to be submitted by you, and a list of all tasks/assignment on hand and completed by you. You can mention that company should take charge from you on effective date of resignation, and you are willing to train any replacement up to and within effective date of your resignation.

In appointment letter usually non disclosure and joining competition is mentioned. You want to join another venture of parent company.

Company shall have its reservation in issuing NOC. It is believed that there is no trend in India to issue NOC during notice period even with clauses.

You need to approach good offices and your reporting authority to obtain NOC. You need to apply your rapport goodwill, persuasion, persistence, negotiation, convincing skills and highlight your need and requirement. In employment contract if there can be clauses binding the employee and setting out the parameters then the employer should not hesitate to issue NOC enabling the employee to settle his future ventures.

If you have completed or are willing, to complete all tasks, liabilities, and company has acknowledged the receipt of your notice of resignation, and agreed to accept it in principle then it should not be difficult to give NOC stating that you shall be relieved from duties on effective date of your resignation (mid December) and company has no objection to your joining any other employer, subject to your settlement of your liabilities e.g. submission of company property etc.

Valuable advice of learned experts/members is sought on the topic.

1 Like

(Guest)

Once your resignation is accepted the question of a No Objection Certificate is not required since your old company after accepting your resignation is under no obligation to issue any letter/certificate/document in your favor. I feel that Finnish Corp. is just nitpicking and only they are entitled to send a no objection certificate to Finnish Embassy viz. that the Finnish Corporation has no objection to the grant of a Work Permit for you. Better check up on the Finnish Corp. credentials.


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