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Thyagu (Associate Consultant)     22 June 2012

Non completion of notice period

I am working in a private software company, i got selected for Govt job,They want me to join in a period of max 1 month,but my notice period in current company is 3 month.i like to join govt job,I havent signed any stamp paper in current org. Questions Could a private company stop a employee in joining govt Job by any means - Is that permissible. If so how can i solve this?


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 5 Replies

Vinod Kumar (Dy. General Manager - Legal)     23 June 2012

Dear Mr.Thyagu,

No one can prevent you from joining the government job or any jother job of your choice. It's your fundamental right to work as per your choice and this right is guaranteed by the Constitution of India. Your current employer at the most can enforce fulfilment of the conditions of contract of employment with you. It's better to pay the notice pay for the balance notice period and get relieved amicably. All the best!

Vinod Sharma

1 Like

Vinod Kumar (Dy. General Manager - Legal)     23 June 2012

Dear Mr.Thyagu,

No one can prevent you from joining the government job or any jother job of your choice. It's your fundamental right to work as per your choice and this right is guaranteed by the Constitution of India. Your current employer at the most can enforce fulfilment of the conditions of contract of employment with you. It's better to pay the notice pay for the balance notice period and get relieved amicably. All the best!

Vinod Sharma

Kumar Doab (FIN)     23 June 2012

Address your notice of resignation to good offices of your appointing authority, MD with a copy to Head-HR, and mention effective date of resignation/last day in office as dated..................and mention that notice pay may be adjusted in FNF statement and normal routine work may be assigned to you which can be completed up to and within your last day in office i.e. dated..................and written instructions may be issued to whom you should handover the charge and company property under acknowledgment. You may request the good offices to supply you the acknowledgment of your notice, and ensure smooth exit formalities and to supply you acceptance of your resignation, work experience/service certificate, relieving letter, PF number, attested copies of PF withdrawal/transfer forms for submission by you to the concerned authority (transfer shall be beneficial), form 16, NOC/NDC, etc by your last day in office. If you are eligible for gratuity you may submit Form I. You must obtain proper acknowledgment of all communications submitted by you. If you transact by official email, generate printouts and if possible forward the copy to your personal email.

1 Like

Ajit Singh Cheema (practising Advocate)     23 June 2012

Pay for the notice period and join the new Govt job.

1 Like

Thyagu (Associate Consultant)     24 June 2012

I will follow as you have stated above simultaneously i will request govt to allow me to join after my notice period.


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