NOC for applying in other departments
Kuldeep
(Querist) 06 December 2018
This query is : Resolved
Respected experts,
I am working in a PSU on contract of 3 yr. I have signed a agreement for 3 yr which bound me with 2 condition like if wants to leave organization then i have to serve 3 month notice and also have to pay 3 monts of sallry.
Now i have completed 2 yr. Now i wants to change job. But if i applied in other PSU then is it compulsory to take NOC from present employer because i am a contractual employee. So if i directly attend interview in other PSU or govt org so is any NOC or through PC procedure required for me.
Isaac Gabriel
(Expert) 07 December 2018
You can attend interview. BThere is no relevance between the present employment and the fresh appoinment elsewhere, since you are contract employee
SHIRISH PAWAR, 7738990900
(Expert) 07 December 2018
In my view as you have executed agreement you are bound by terms of agreement.
Kumar Doab
(Expert) 07 December 2018
You have been advised in earlier threads also.
If you are unable to resolve then try by approaching a very able counsel specializing in Labor/service matters, and understand possibilities of relief thru court of law, if possible..
Kuldeep
(Querist) 07 December 2018
If i know any counselor then why i ask here.these online portals is the only way to ask something leagal laws for normal people.
Sudhir Kumar, Advocate
(Expert) 08 December 2018
already explained in details at
http://www.lawyersclubindia.com/experts/notice-period-and-service-bond-675716.asp
Sudhir Kumar, Advocate
(Expert) 08 December 2018
You are engaged on contract then you are not an employee. The requirement of NOC may be checked from the next employer where you want to apply.
Dr J C Vashista
(Expert) 08 December 2018
Is it not absurd to repeat same story time and again ?
Dr J C Vashista
(Expert) 08 December 2018
If you are not satisfied with FREE advise of experts on this platform you should have preferred to seek professional advise of a local lawyer.
Dr J C Vashista
(Expert) 08 December 2018
When you have accepted the terms and conditions of "contractual" service, you are bound by it, you will have to serve or pay/refund 3 months salary.
Kuldeep
(Querist) 08 December 2018
Sudhir sir i asked in last quey which reference you giving in link that was clearly about only notice period and after expert's perfect and absolute response now i am clear about that issue but now i have different issue So how last query linked with this query in which i want only yes or no answer is that getting NOC is compulsory or not for any contractual employee for attending other govt sectors interview or exam.
In your answer you are saying it may be checked. So whats the conclusion? Is it compulsory or not. Its not about 'may be' . I know its 50-50 chances of cheking. But here i am asking for LAW. What law says?
Vashista sir, is something free dont have any value. If you give valuable advise ( which i got in last query) which change someones view/doubt then He will always be grateful to you...
As i said this query is totally different...in strt i just introduce myself. Its only tells in which situation i am.
Raj Kumar Makkad
(Expert) 18 March 2020
I don;t mind even if an author has put the query in the same or similar language and if there is some issue, the same should be got addressed.
Raj Kumar Makkad
(Expert) 18 March 2020
In the given matter, unless there is specific term in the subsequent employment to get NOC from the previous employer, there is no need to worry and generally if the subsequent job has not been applied through proper channel then the question of NOC of previous employer do not arise. You have already clarified that you applied directly so the requirement of the NOC is remote.
Raj Kumar Makkad
(Expert) 18 March 2020
With due respect towards all experts, I slightly differ with those opinions wherein it is concluded that you being working on contract basis are not employee. You are definitely an employee may be on contract basis or regular or probationary. Your status is as of a contractual employee and as such you are bound by the agreement executed between you and your present employer.
