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Swapnil   08 May 2017

Regulation for third party employee

Hello,
was working in ABC company as a third party employee through an XYZ company. My contract was over in last month and I do not want to continue as third party through an XYZ company. They are not providing me paid holidays or any other holiday and PF. they take large sums of money from ABC company (which I come to know when I was joined there). ABC company wants me to take as their permanent employee, but for that they need a NOC from XYZ company. XYZ is not giving me NOC. so I left XYZ in order to join the ABC company through another third party who is going to provide me NOC and they providing me better salary. XYZ company not allowing me to take jobs from another third party, though ABV willing to provide it. XYZ holding my last two month salary as they know that I am joining that. I do not have any legal contract between XYZ and though XYZ threatening me that they will take legal action against me. Are they able to take such action. 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2017

You can take a legal action  on xyz company  for not paying your two months salary. Give a complaint with full evidence to the labour commissioner at where their office located.

Swapnil   09 May 2017

thanks for your reply.

But can xyz stop me to move in ABC company? ABC company wants me to take their job.

Kumar Doab (FIN)     14 July 2017

Generically speaking:NO.

 

Kumar Doab (FIN)     15 July 2017

Even if your employer has inserted clauses on Non Compete in appointment letter/contract of employment………………..it may not practically possible to restrain………..It could be against the provisions of Indian Contracts Act.

 

You have your unquestionable right to earn your livelihood.

There are unlimited numbers of threads on similar query at LCI that you can search in SEARCH option and download illustrations and citations as well….


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