No objection certificate

 

NOC in the style and manner as stated by you from private sector employer to send job application in another establishment is unheard of.

 

 

 

Have you signed any employment bond or service agreement with this private sector employer?

What is your nature of duties and position in the company?

 

 

NOC in private sector employment might mean that during exit process the different dept/div. may issue a document stating nothing from the dept/div is due on employee.

 

Resignation can be without permission and notice.

If notice pay in lieu of notice is stated in contract of employment then it should be the max. liquidated damages payable by the employee. The employee complete the tasks n hand should state in writing that no tasks/assignments/projects as on the date of notice of resignation are pending at his end and routine duties that can be completed within an up to date of expiry of notice be assigned on daily basis. Thus employee should leave no room for the employer to charge and claim loss of any kind.

 

 

 

Since you have signed the acceptance of T&C in appointment letter/ service agreement etc the employer may claim that T&C are applicable as per mutual agreement signed by employee.

 

Each condition/clause in an agreement may not be necessarily lawful, and may be unfair, arbitrary and void to that extent.

 

It shall be appropriate to show the standing orders applicable to the establishment and extended to your designation (Certified/Model), appointment letter, service rules, HR policy, service rules, service codes and regulations to your labor consultant/service lawyer and give inputs in person. The lawyer that has seen and analyzed the inputs can advice you the best.

 

 

 

In my opinion, there could be 2 cases. Case 1. Your employer is bluffing you about NOC to hold u back or to harass you. Case 2. Your employment contract or agreements or documents pertaining to employment signed by you mention a clause relating to such NOC. In either case the situation can be dealt with effectively if you send me your employment docs for review. Without these documents no solid opinion can be given to you. The opinion will also depend on your nature of job and the sensitivity to secrecy involved. Some companies make employees sign docs with terms that are legally invalid so detailed review is a must. Pooja Hegde R. 8892562298 advocatepoojahegde@gmail.com

Well I am working as a Assistant Professor in a Private College and the College Management has written in Appointment Letter that Regular Faculty members must obtain NOC before applying outside jobs. 

In employment cases just the appointment letter is not looked into and along with service rules/service coeds and regulations/HR policy and any other policy that governs the service conditions should also be looked into.

 

 

You may also download the recruitment guidelines for teachers if any issued by the university with which the college is affiliated, for appointment in colleges recognized by the university.

 

As per various judgments teachers are not covered as ‘Workman’ as in ID Act.

 

The teacher’s association/union can also guide you to appropriate rules.

 

If the service conditions are violative of the guidelines these may not stand test of law.

 

 

 

1. If I donot obtain NOC (as Govt job employers want NOC only from those candidates already working in Govt      or   Semi Govt. Sector) , what hardest action my current employer can take on me after any stage they came       to   know about this. Can Termination of employee is possible in this case.

Ans : Since you are not Govt employee this query doe snot sound in your case. It is for the new employer if he insists on NOC which is unheard in private sector.  If you join Govt service after being selected then they care too hoots for NOC by private company.  The Govt as employer will be serious only if you are earning from other source and join without quitting earlier job.

 

2. Can I apply for NOC after getting call for Interview from my present employer, or I need to get NOC before          applying to the post. (My employer T&C states to obtain NOC before applying outside posts , is it right        clause.)

 

Ans : If your new employer receives you without the NOC then you have no problem.

 

3. Will it is mandatory for Private Sector employees  to show NOC at the time of Interview for Govt. Jobs.

 

Ans : Not at all.

4. What Legal Options will left with Employee without NOC to defend its case against current Employer.

 

Ans :  you need a defence against an action.

Sudhir Ji My principal question is that weather private organisations like colleges can sue their employees for not obtaining NOC for applying outside jobs as it is the condition they have written in the appointment letter that employee must seek NOC before applying outside jobs.

Please study bonded labour act

Please study bonded labour act

Sudhir Ji I can understand your point of view on this case but I want to know that if such a condition is laid down by a private organisation and in case we apply without taking NOC from present employer and later on do not get a new job then can my present employer can take a legal action against me or not. 

Please study bonded labour act

The intent/purpose of said NOC might be extra effort to keep the faculty full by arranging replacement of outgoing employee on notice period and/or ask the employee to serve notice period.

Next you may also relate with provisions of state education/Univ guidelines and find variances… 

I am currently working in a PSU but not as a regular employee but on contract basis for three years, no pf and nothing facility only consolidated pay. does I have to give NOC for interview of other govt. job interview