• Career growth

I m working in public sector unit bhilai steel plant as a operator cum technician. i think to leave job and do another job but compeny says it not provide #no objection certificate before 5 years # can compeny have power to stop carrer groth if i have get a higher post job in government sector.(because every where i have to produe #noc#before joining. plz help us
Asked 6 years ago in Labour

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13 Answers

See the company doesnot have power to stop career growth but the company.employment is.guided by the employment bond and agreement if your agreement suggest so that you cannot leave before 5 years and if you do , you have to pay the bond amount. Further you can seek NOC from the department under the rules of employment.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See under employment terms if NOC is not available then the policy needs to be challenged on.ground that it is restricting the employment as 5 years is long period and not reasonable for same a writ petition can be filed before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can Complaint the same to labour commissioner of they are withholding your NOC.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

 if you are insistent on noc then it will be a problem as a public sector undertakings to have their own HR systems and they will not provide any no objection certificate in this regard till the five year completion after service but in case you do not want to show your previous experience and joining any other atomization as a new apply then there is no matter and you can join the organisation without submitting the no objection certificate for the period previous organisation

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

a company or an organization cannot compel you to work for it indefinitely. It is illegal. Kindly send the documents.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

I don`t think, any govt. service have such long lock in period except for IAS level. Daniel is arbitrary ad you can avoid it.  Get the direction agasint dept. from administrative Tribunal to issue NOC.

Man power shortage is valid reason but if matter was related to defense, Government cannot refuse to give no objection certificate (NOC) to an employee on "vexatious technical grounds" if no public interest was involved.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

I strongly advise you against going to a Court of Law as the next step. Wheels of justice move slowly, especially in cases like these where the Court tends to believe that the dispute could've been worked out mutually between the employee and company. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can resign from company and then take another job if company refuses to give NOC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

company can refuse to give NOC if it is facing shortage of manpower 

 

however you are  at liberty to resign from your job

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The guidelines cited by you are against the law, no employee can be stopped from going to higher and higher in his/her career , so if it is there , it can be challenged before the Hon'ble High Court, but if you have not signed any bond or contract with the company then please resign immediately mentioning the last day of the working according to your appointment letter also serve the notice period if any has been given in the offer letter/appointment letter.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You first apply for NOC in writing and get their reply rejecting the NOC based on the company rules in writing, after that you can apply for the proposed job without NOC, when time arrives ou can produce the reply given by your employer and take it up legally if there is a problem created by your employer.

The employer cannot stop you from progressing with your career development especially if there is a better opportunity availble to you elsewhere. 

You can take it up legally if need be for solutions and remedies.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may please be aware that shortage of Manpower with the company is not your problem, they have to manage with the problem through their own sources, they cannot stop an employee to leave the organisation after complying with the necessary conditions in this regard.

You may consult a service law practicing lawyer in case you may face any problem in this regard in future.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that your company has been putting all arbitrary clauses in the agreement of employment, if any at present.
  2. And also even if they wish to go for the bond then also the act is totally against the principle of natural justice.
  3. I would advice you to challenge the same before the court of law, by filing a Writ petition before the Hon’ble High Court as per the article 226 of our Constitution seeking struck some of their clauses and direction for them to provide you the NOC.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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