• NOC from employer

I am currently working in a Govt organisation. I have applied for a job in another organisation which is also Govt body. The new organisation wants me to produce NOC from the current employer. Obtaining the NOC from the current employer is very difficult for me ans it may create some adverse effect also. Somebody suggested me that an affidavit may be used instead of NOC. Please Guide.
Asked 1 year ago in Civil Law from Navi Mumbai, Maharashtra
1) since you are already an employee of government organisation you must furnish it NOC as sought by the company interviewing you 

2) if you want the job you have to meet the requirements laid down by the new employer 

3) mere affidavit won't suffice 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1) Government of India has has come out with the ciruclar regarding the Bond Enforcement in PSU Companies. As per the circular, if you change jobs within PSUs, within the stipulated bond periods, you are not supposed to pay the bond amount... the bond amount is just transffered from one employer to the other provided that the employers are PSUs. Details of the circular are as given below -


29. DPE/Guidelines/II(c)/29
Enforcement/transfer of bond in respect of employees of Public Enterprises who leave the services of one Undertaking to join another Undertaking/ Government.

The undersigned is directed to refer to this Department’s OMs No. BPE/GL-017/77/MAN/2(11)/75-BPE(GM-I) dated 13.6.1977 and 23.5.1981 and No. 17/20/84-GM dated 5.2.1985 on the subject mentioned above, which were deleted vide this Department’s O.M. No. 20(5)/95-DPE(GM) dated 10th December, 1997. After deletion of these guidelines, Department of Public Enterprises received references from various quarters for revival of these guidelines to enable them to regularize enforcement/ transfer of bond in the case of public sector employees joining services in Central Govt./State Govt./Autonomous Bodies. The position has been reviewed and after careful consideration, it has been decided to revive this Department’s OMs dated 13.6.1977, 23.5.1981 and 5.2.1985 with the following modifications:

(a) The bond executed by employees of the Public Enterprises, who have received scientific/technical training at the cost of Public Enterprises and have applied through proper channel during the currency of the bond join Central Govt./State Govt. services or take up employment under quasi-government organizations or any other public enterprise either on the basis of competition examinations/tests/interviews organized by those organizations or the Union Public Service Commission should not be enforced subject to the condition that a fresh bond is taken to ensure that the employee serves the new employer for the balance of the original bond period.

(b) The terms of bond whereby an employee of a Central public enterprise receiving scientific and technical training out the expenses of the Govt./Public Sector Enterprises undertakes to repay this specified amount in the event of his failure to serve the enterprise for a stipulated period after completion of his training should not be enforced against an employee who leaves service of public enterprise to secure, with proper permission, employment under the Central Govt., a public enterprise or an autonomous body wholly or substantially owned/financed/controlled by the Central/State Govt. A fresh bond should be taken from the person concerned to ensure that he serves the new employer for the balance of the original period.

(c) To ensure that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled, the enterprise with whom the employee has executed the original bond may at the time of forwarding his application write to the organization etc. under whom the employee intends to take up another appointment intimating them about the bond obligation of the individual and clarifying that in the case of his selection for the new post, his release will be subject to the condition that the new organization take from him a fresh bond binding him to serve them for the balance of the original bond period; in case he fails to serve the new department/organization etc. or leaves it before completion of the original bond period for a job where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the first organization with whom he originally executed the bond.

2. All the administrative Ministries/Departments are requested to kindly issue necessary instructions accordingly to the public sector enterprises under their administrative control.

(DPE O.M. No. 15(2)/2003-DPE(GM)/GL-57 dated 29th July, 2004)


  
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1) Have you executed any bond ? 

2) if so as per circular reproduced by me you have to apply through proper channels and bond gets transferred in favour of new employer 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1. 1. In fact for applying for a job in a Govt.Organisation, your application should have gone through proper channel since you are presently working with Givt.Organisation,

2. However, since they have asked for NOC only, you have no other alternative other than submitting the same,

3. Affidavit can not be used as NOC. You can affirm under affidavit that you will submit NOC on being selected provided the said organisation accepts your application against the said affidavit.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
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1. Talk to the new organisation whether they will allow you ro submit affidavit now affirming to submit NOC later on or not,

2. There is no way to join new Givt Organisation without the consent or no objection from your current employer who are also Govt Organisation.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
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You can only apply the new job as per the norms .You already engaged in a government job then it is necessary for NOC for applying another job. affidavit is not equal to NOC .

Ask the alternate of NOC  to the new Govt organisation
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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1. What adverse effect it can create? Have you violated the rules governing your employment? Unless you have violated the rules I cannot fathom any adverse effect of seeking a NOC. 

2. An affidavit cannot take the place of NOC.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
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Hi,
NOC and Affidavit are two different documents. NOC is issued by your employer that they do not have any objection in your joining of some other company whereas an affidavit is self declaration by you about certain facts. NOC is must in joining a new company. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
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A. If you want to join new organization that NOC from the previous organization is mandatory because of to avoid further claims of the previous organization against you. 

B.  What is the reason for failing to get NOC from the previous employer?

C. Mere Affidavit is not sufficient. However, if the present organization is agreed to receive the same that you can submit or you can execute undertaking letter to present organization by mentioning that if I received any clearance or NOC from the previous organization that will be provide and if any claim arises that I am ready bear the loss and injury whatever you suffered from your end subject to your clean history in the previous organization.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
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If the new employer mandates certain requirement for the purpose of employment with him, you have no alternative than to comply with the statutory requirement.  If NOC is required to be submitted, you have to apply for it from the previous employer citing the reasons of accepting new employment. The affidavit will not solve the purpose because you are bound by the service conditions of the previous employer and need to be properly relieved as per the rules in vogue. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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