I applied for a post in goverment service that required NOC from current goverment/PSU employer. At the time of application , I Selected the option that I am not currently working in goverment services. But, I am currently working in a PSU. My Question has two parts. a) Can I show them the NOC at the time of interview? b) I applied for the NOC, but current goverment employer rejected my request for NOC, stating a letter that an employee cannot apply for external job before 3 year period in the company. I have completed about two years in the company. Can I request them to give me NOC legally as the post I am applying has higher grade pay. Thank You.
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1. You can very well produce the NOC anytime before joining the new assignment/job/employment.
2. If you are governed by the conditions of the employment then your current employer may be right in rejecting your request to issue NOC.
In that case you may tender your resignation and obtain relieving letter after which you can join the new employment.
1) you can show them NOC at time of interview
2) your terms of appointment are clear .you cannot apply until period of 3 years have elapsed in current job
Dear Sir,
1) You can show an NOC at the time of the interview, but the same may be treated as misinformation on your part and the govt may also have ground to reject your application.
2) Grant of NOC will depend on the clauses in you appointment letter, as some psu and govt offices have probation periods, barring employee to apply else where, if such clauses are present in your employment letter then it will be hard to get your office to grant NOC. In such situation you will have to resign.
3) On the other hand in cases of civil services usually employees are not barred from applying for such exams, in that case NOC grant can be asked for, on the basis of terms in employment contract.
Thank you
a) If you have selected options that you are currently not working in govt. services or any organisation , then even you will produce the NOC , then it will go against you on the ground of concealing the true facts in the application.
b) If you have entered into an agreement with the employer after accepting the terms and conditions of resiganation etc then Employer is not bond to issue a NOC to you.
- However, 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.
- Further, no employer can refused to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
1. You can show NOC at the time of interview.
2. Second part is against the professional ethics, if you have signed any bond with them or have clause in your appointment letter then request for waive off the same for your better and brighter future prospects,otherwise no one can stop you to buy back the period but that shall be not feasible in view of financial angel.
