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Kakoli   20 September 2015

Is it illegal to apply for another post without informing

Hi,

 CBSE rules no. 38 states as below: 

38. Application for Another Post

No employee/ staff shall apply for employment/another job elsewhere without notifying through the Head of the institution in writing to the School .Managing Committee which may grant such permission.--------

So, if I apply for another post and then get selected and then want to join the new employer without informing the previous employer. Is it against the law? what legal consequences will be there?

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Learning

 3 Replies

advocatepassy@gmail.com 971794 (Advocate)     20 September 2015

These are only rules to regulate employees action. If it is not in violation of constitution or fundamental rights, these restrictions are held to be okay

Kakoli   20 September 2015

Q----What legal consequences will be there if my friend violates this condition/rule mentioned in the contract of service----

No employee shally appear for interview for any employment/job outside the firm/organisation/institution without having the prior permission of the Proper authority of the firm/organisation/institution. 

Q-- Can the employer send a legal notice to the employee who joined a new firm without informing the previous employer?

Q--- Can the previous employer seek a stay order from the court on the appointment of the employee?

 

Kakoli   20 September 2015

Advocate Vinod Passy New Delhi

Sir,  I request you to elaborate the same.

She resigned from her post and was serving notice period and after 17 days during the notice period she was called by the new employer and asked to join on immediate basis. So, she was left with no option but have to join the firm? 

Q-Can the previous employer send a legal stay order regarding the employee's appointment to the new employer as she has breached the contract of service. 

 


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