Issues pertaining to promotion and issuance of NOC
10 months ago
I worked with one bank from 2013 to 2017.i 2017 joined new organisation on higher scales.but in 2019 my previous employer filed FIR againste in a deposit related issue and same was informed to my present employer.in 2021 Final Report was submitted by police and same is pending with the court.now my present employer not giving me promotion due to that and even not issuing NOC to apply anywhere else.please suggest what to do and what are the legal options I m having.
A.Dear Client,
Once a criminal prosecution is launched against an employee, all the terms of employment were kept in abeyance till the acquittal of the employee from the criminal charge by the Court. Accordingly, your promotion and other benefits are kept in abeyance for the same reason. Even any NOC is not issued to the employee whose criminal case is under trial. So, you have to wait with patience for the right time and should cooperate with the investigating agency to refute the charges brought against you. Once a court order is passed acquitting you from the charge, you can claim your promotional benefit with retrospective effect. Instead, you may opt for NOC to join another organization that suits your credentials and expectations.
Once a criminal prosecution is launched against an employee, all the terms of employment were kept in abeyance till the acquittal of the employee from the criminal charge by the Court. Accordingly, your promotion and other benefits are kept in abeyance for the same reason. Even any NOC is not issued to the employee whose criminal case is under trial. So, you have to wait with patience for the right time and should cooperate with the investigating agency to refute the charges brought against you. Once a court order is passed acquitting you from the charge, you can claim your promotional benefit with retrospective effect. Instead, you may opt for NOC to join another organization that suits your credentials and expectations.
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A.Hello,
If an employer is refusing to provide a No Objection Certificate (NOC), which is typically required for certain purposes such as changing jobs or pursuing higher education, you can consider the following legal options in India:
Review employment contract and company policies: Carefully review your employment contract, as well as any relevant company policies or agreements, to determine if there are any provisions regarding the issuance of an NOC. This will help you understand your rights and obligations.
Communicate with the employer: Initiate a formal written communication with your employer, requesting the NOC and explaining the reasons why you require it. Clearly state the purpose for which you need the NOC and the potential consequences of not receiving it.
Seek assistance from labor authorities: If your employer continues to deny the NOC without a valid reason, you can approach the labor authorities in your state. This may involve filing a complaint with the appropriate labor department or labor court, depending on the nature of the issue.
Consult a labor lawyer: It is advisable to consult with a labor lawyer who specializes in employment law to understand the legal options available to you based on the specific circumstances. They can guide you on the applicable laws and represent you in legal proceedings if necessary.
Legal notice: Your lawyer can help you draft and send a legal notice to your employer, demanding the issuance of the NOC within a specified period. The legal notice should clearly outline the legal consequences your employer may face if they fail to comply.
Civil lawsuit: If all other attempts fail, you can consider filing a civil lawsuit against your employer seeking a court order for the issuance of the NOC. This is a more formal legal process that may involve presenting evidence, witnesses, and legal arguments in court.
It is important to note that employment laws and legal procedures can vary, and specific contractual agreements can impact the options available to you. Therefore, it is recommended to consult with a qualified labor lawyer who can provide tailored advice based on the laws applicable to your situation.
If an employer is refusing to provide a No Objection Certificate (NOC), which is typically required for certain purposes such as changing jobs or pursuing higher education, you can consider the following legal options in India:
Review employment contract and company policies: Carefully review your employment contract, as well as any relevant company policies or agreements, to determine if there are any provisions regarding the issuance of an NOC. This will help you understand your rights and obligations.
Communicate with the employer: Initiate a formal written communication with your employer, requesting the NOC and explaining the reasons why you require it. Clearly state the purpose for which you need the NOC and the potential consequences of not receiving it.
Seek assistance from labor authorities: If your employer continues to deny the NOC without a valid reason, you can approach the labor authorities in your state. This may involve filing a complaint with the appropriate labor department or labor court, depending on the nature of the issue.
Consult a labor lawyer: It is advisable to consult with a labor lawyer who specializes in employment law to understand the legal options available to you based on the specific circumstances. They can guide you on the applicable laws and represent you in legal proceedings if necessary.
Legal notice: Your lawyer can help you draft and send a legal notice to your employer, demanding the issuance of the NOC within a specified period. The legal notice should clearly outline the legal consequences your employer may face if they fail to comply.
Civil lawsuit: If all other attempts fail, you can consider filing a civil lawsuit against your employer seeking a court order for the issuance of the NOC. This is a more formal legal process that may involve presenting evidence, witnesses, and legal arguments in court.
It is important to note that employment laws and legal procedures can vary, and specific contractual agreements can impact the options available to you. Therefore, it is recommended to consult with a qualified labor lawyer who can provide tailored advice based on the laws applicable to your situation.
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