• No Objection Certificate

I am currently working on Level 10 post at Dr Rajendra Prasad Central Agriculture University Bihar since Aug, 2019. I was working in the same organization at level 06 post since Dec, 2017. I applied to the post of Gr A NABARD in May 2019 and I was called for the interview in Sept 19. My current employer is not giving me noc as they are stating that during probation period a employee is not considered for NOC? I would like to know if such rule exists or it's mere a fact to harass me for this purpose?
Asked 6 years ago in Labour

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10 Answers

As of now govt  issues NOC to an employee 3 times in a year.  They can not deny to issue NOC. 

Demand for NOC by written communication with a copy to the appointing authority and also to concerned ministry. You can issue the notice by any lawyer also but it is not essential.

In default file suit in appropriate court tribunal seeking directions to your employer to issue NOC. 

It is your right to apply for new job. Govt or other authority can not take away such right from you except in accordance with law. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

During probation period generally NOC is not issued 

 

you can submit your resignation and serve the notice period of one month 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are under Probation, what is the need of NOC, ask him to give in written that probationer dose not require NOC.

Whereas general rule is Govt companies ask for application for NOC for appearing tests/interviews, and issue NOC mentioning that employee will be released after being selected. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

 

Yes NOC is issued during Probation period also. Send a request to the University  Head. . NOC is necessary if they have specifically asked for it. Normally you need to submit NOC only while attending the interview after clearing the written exam.

Normally Govt companies ask for application for NOC for appearing tests/interviews, and issue NOC mentioning that employee will be released after being selected. After being selected employee should give resignation with 3 months notice period or pay in lieu. In your case it seems your company is not employee-friendly (as you stated that they didn't give reply). Probably some experts give legal perspective for getting released from your company, if they are stubborn enough not to accept your resignation and release you. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can send him legal notice and then file a complaint with office of labour commissioner

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per law, your current employer is bound to issue NOC for the Probation period ,  because NOC is issued during Probation period also.

- It is possible that NABARD ask for NOC from the last employer, hence it will be necessary for you to submit the same.

- Send your request to the HRM Setion of your last employer after submitting that for joining the othe employer , NOC required.

- If, no response, then you should issue a legal notice to them for the issue of NOC.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Probationer does not need to go through notice period as he is not a confirmed employee. You can give resignation letter and leave outrightly if you are a probationer.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes there is rule that an employee is not considered for NOC during probation.

And you don't even need NOC during probation period you can give resignation if you get selected for post in NABARD.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

See since it is University and it is autonomous body it's rules have to be referred on your appointment if there are no such rules and regulation then you should be given NOCnotherwise NOC can be rejected.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dont worry about the NOC, you may first apply for the post which you are aspiring now.

In case there is a necessity to produce NOC you may attach the written reply by the authority who denied to give NOC for the said reason.

The authorities cannot stop you from getting an employment outside their organisation for any reason, you have all the rights to be employed ion a better place however you may be required to comply with certain formalities.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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