Diptanu Sarkar 13 December 2017

Employer not providing no objection certificate(noc)

Respected Sir/Madam,

Case:

I'm working with an MNC(Public-India Based) for more than 2 years. I'm aspiring for my higher education in the USA. In regard to that, I'm eligible to apply for 'National Overseas Scholarship' provided by 'Ministry of Social Justice and Empowerment.' According to the advt. I need to produce a 'No Objection Certificate(NOC).' But, the employer refused to issue NOC without any proper reasons given.

Query:

What should I do now? Can I file a complaint regarding that? If yes, who will be competent authority to file a complaint.

Thanks for your time.

Reply Follow

2 Replies

R.Ramachandran (Advocate) 13 December 2017

Are you going to continue with your employment with MNC, when you go for higher education?

If not, will you not be resigning your job with MNC?

If so, where is the need for NOC from your employer?

You seem to be confused. NOC is required only in case, where the person wants to go abroad for higher studies, while he continues to be in employment. In that case, the employer should necessarily know that one of his employees is going abroad for higher studies while in employment, that he has no objection if the employee proceeds to pursue higher education.

In your case, since you will be resigning from your job, I do not think NOC is required.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 December 2017

According to the query NOC is required at the application stage itself. If he writes that he will resign the job, if he gets the scholarship, the employer will not give NOC. If he resigns the job and then applies, he will lose both, if he does not get the scholarship. If there is a question about his present employment in his application form, he can write the facts and say that he would resign if he gets the scholarship. His application may or may not be considered. In olden days NOC was required only from those in Government employment. I don't know the situation now. Government of India may not give scholarship for those who want to leave India for good as that may be a waste of tax-payers money.