I have an NOC related issue at my current employment
8 months ago
I have an NOC related issue at my current employment. They are saying we can not give you NOC since you have a contract of three years here.
A.Dear Client,
In fixed-term contractual employment, usually, an employment bond is required to be signed by the employee along with an offer letter at the time of joining the service and following the terms of said employment bond your relationship with the company is regulated till the cessation of employment either by resignation or termination. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. The following are the requirements of a valid employment bond agreement. 1) The agreement must be signed by the parties with free consent. 2) The conditions stipulated must be reasonable and 3) The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer. 4) The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable. You may serve a legal notice to the Company and get in touch with a Corporate Lawyer experienced in the subject for guidance and steps to be taken to obtain a NOC from your current employer on cessation of your employment on resignation.
In fixed-term contractual employment, usually, an employment bond is required to be signed by the employee along with an offer letter at the time of joining the service and following the terms of said employment bond your relationship with the company is regulated till the cessation of employment either by resignation or termination. The validity of Employment bonds can be challenged on the basis of Section 27 of the Indian Contract Act,1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. The following are the requirements of a valid employment bond agreement. 1) The agreement must be signed by the parties with free consent. 2) The conditions stipulated must be reasonable and 3) The conditions imposed on the employee must be proved to be necessary to safeguard the interest of the employer. 4) The employment bond is to be executed on a stamp paper of appropriate value in order to be valid and enforceable. You may serve a legal notice to the Company and get in touch with a Corporate Lawyer experienced in the subject for guidance and steps to be taken to obtain a NOC from your current employer on cessation of your employment on resignation.
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A.Dear client,
Until unless there is a bond submitted by you at the time of joining or there is a contract that you cannot leave before so many years or if you leave then you will have to deposit some amount before leaving the present job, etc, then organisation or the department cannot refuse for giving NOC to the concerned
Until unless there is a bond submitted by you at the time of joining or there is a contract that you cannot leave before so many years or if you leave then you will have to deposit some amount before leaving the present job, etc, then organisation or the department cannot refuse for giving NOC to the concerned
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