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regarding exit from a govt organization


I am a contract faculty at a govt institute.

At the time of joining I had signed an agreement that requires me to obtain NOC before going for any interview. Once I had a call from another institute, I had a discussion with the employer, who consented verbally, but did not give the NOC in writing. I did not insist as well. I cleared the interview. The organization where I went for interview did not have any requirement of NOC, so it was not an issue at all. I tendered my resignation notice (with adequate notice period as per initial contract) through official email, after multiple failed attempts to meet the boss. My resignation notice is yet to be accepted or replied to by the boss, who is visibly angry at me leaving. 

1. Can the institute deny me a relief stating that my task is unfinished? I have given adequate notice period to cover the entire term of teaching and evaluation. But there are administrative responsibilities which is never going to end.

2. Can the employer take a vindictive action like terminating me on performance grounds, which is going to hamper my career? Though I have multiple evidences to prove my performance has been good, the employer can still find reasons and areas where I have not delivered adequately.

3. What action should I take at this moment to ensure a smooth exit and transition? 

 
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Retired employee.

Assuming some thing and writing in open forum on those assumptions and future course of action of your employer is not correct.  It all depends as to whether those things if happen in future, what are the prospects with your new employment.  You may discuss with new employer in confidence.  Members can not foretell any event.

 
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LEGAL MANAGER

Two things are to be noted:

1) The organisation were you intend to join has no requirement of NOC

2) You have served due notice of resigneation as per contract between you and employer.

Need not worry, serve the notice period and then join the new organisation. If you feel four email is not being taken congizance of, please submit a hard copy to concerned authority.

 
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advocate/counsel supreme court

1 No ; 2 No; 3. issue a legal notice with your points.

 
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advocate/counsel supreme court

fact is contract faculty is always treated as a contract labor; problem is there is no need of being a contract faculty, just  say you are a visiting faculty for visiting faculty there is no need of any contract as such then u will not fall into all these kinds of anamolies pls. tks

 
Reply   
 

Thank you all for your replies.

One more question. I had applied to the other institute way before I even joined the present institute. Am I still required to take NOC? I am not very sure on this point.

 
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Retired employee.

What is really bothering you ?

Threat of legal action by  your past employer  or future employer insisting for such NOC ?

 
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Consultant

@ Mr. GLN Prasad,

The query iseems to be quite vague & hypothetical one. You can very well understand from his latest query also. The querist cannot be a Government servant, as no agreement is got signed from any employee while joining Government service. Besides the prescribed conduct rules, he is required follow the specific rules and procedure for resignation and relief.

Even if there is even the slightest truth in any of his story, he is required to go through the conduct & discipline rules of his organization along with the terms & conditions of his appointment letter.

 

 

 

 
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Retired employee.

I am sorry, I am not aware that even contracstual employees are bound by conduct and discipline rules. and only asked as what is his correct concern in posting the query.

 
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Advocate

Taking NOC from the employer to leave the job is not a mandatory requirement.

The resignation by observing the proper rules in this reagrd and complying with the requirements thereon shall be more than enough.

 

If you are ready and willing to comply with the employment conditions mentioned in the offer letter, it should satisfy the employer to relieve you, he cannot delay or refuse to relieve you for any reason.

You can make a representation in writing sent by registered post to the employer in this regard and seek the relief of relieving letter as well as the experience letter besides F&F settlement.

 

Let him give a reply in writing about his decision, you can think about further action whether legal or otherwise after that.

 
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