• Hiding one job, noc

I had applied for a govt job ''A'', when I was unemployed. I cleared the written exam. Later on, I got a govt job ''B'' in the other state.Now during my service in job "B" , I was called for interview for job "A" I attended the interview without showing the present job B, hence without NOC.
Now I got appointment letter for job "A" and as I am in service I have to submit NOC. When I contacted to the organisation for NOC they replied "since you have not applied for the job A through proper channel cos I was not in this job, we cannot provide NOC" You can resign by paying one month salary or one month notice. Now What should be done.
1. Shall new organisation will allow to join with resignation approval letter? If they ask why did I not mention the job at the time of interview?
2. If some one go to the court against me mentioning that I have hided the fact related to the present job, can I be terminated from job?
Asked 5 years ago in Labour

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16 Answers

You should have not informed about the JOB B. And you had to take permission before attending interview. If A has no information about B job, than don't disclose. Because B will definitely trouble you and may not issue NOC.

Court will not interfere neither entertain any such complain. During interview, dis closer of job B dose not require.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If its clearly mentioned in the current job that you can pay one month salary and they will release you from services. than need not to be worry about it. If you get release certificate than its a NOC from job B and you can join job A by providing the release certificate and they NOC of the same. 

 

here is concern will remain only when you will joining A company and not providing release certificate from B. if you get release certificate by paying one month or one month notice period than its ok. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Yes, if this is the Rule of your organisation then you breached the same while applying in B without informing A or taking prior permission. This is common almost in all PSUs or Government departments.

2. Now if they refuses to give NOC as per their service rules then you will have to serve notice period to obtain the same.

3 Going to court may land you loosing both the jobs. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

1. As you got appointment letter , then at the time of joining , the new organisation wanted to be sure that presently you are not having any other job , as dual job at the same time is not allowed legally.

-  Hence, the new organisation will allow you to join with resignation approval letter.

- Since you have not mention for the same at the time of interview, you can take plea that resignation in that company was already accepted , and you was not having that job on your hand , and thats why you have not mentioned the same . 

2. No, for such type of mistakes you cannot be terminated legally , because after doing this , you have committed any offence like , getting job after forged and manipulated any documents. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You would not lose your job 

 

2) give back dated letter of resignation 

 

3) pay one month salary 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) pay one month salary and give resignation letter 

 

2) before joining informing your employer you have resigned from earlier job 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Yes new organization will allow you to join with relieving letter from current employer. 

2. You didn't hide any fact as you were not employed at time of filing application for Job A. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Yes they will

2. No you need to say that the said information was inadvertently not conveyed. There was no intention for suppression of facts. They will provide you noc if not given you need to approach the SAT or CAT depending on  your profile and job nature

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

That is a question you will have to answer. There may be complications therefore it is better you ask informally to the employees whether there would be any problem or not.

Disciplinary proceedings may be initiated against you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You must talk to the new organisation employees whether they will make it difficult for you if you go there. If it is not feasible then don't go there.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You didn't mention the job at the time of interview because they didn't ask. They asked during application and at that time you were unemployed. 

2. If you were unemployed while applying than how come you have hidden anything. Noone can go to court for this.

File a specific performance suit against your present employer to give noc.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You have landed yourself on a sticky wicket by suppressing facts which should not have been suppressed.

2. The new organisation can certainly terminate you if it discovers you were already on the rolls of another employer when you applied for job.

3. For the time being you can join job A without NOC and just hope that it does not discover the suppression of facts committed by you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

NOC is not required for joining new job. 

Pay for notice period to your previous employer. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. There is no legal infirmity in not disclosing about your current job during interview for another job. 

You obtain a proper relieving letter from previous employer before joining the new employer. 

2. Since you have obtained the relieving letter by submitting a resignation letter,  no action can be taken on this,  because you had applied for this new job when you were not employed. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can invoke the clause of one month notice period and get relieved properly so that you don't have to be worried about this.  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

The best way is to resign from the present job and then you will have no hindrance in new job at all. Even the court case will not affect you as are apprehending for.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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