Returning to My Old Company: Is a No Objection Certificate Really Necessary After 6 Months?

I left my previous company 6 months ago. Now, I have an opportunity in the same company but in a different department. According to HR rules, I need a No Objection Certificate (NOC) from my previous department. However, they are not willing to provide me with the NOC without any reason.

It would be greatly appreciated if someone could explain if an NOC is required after 6 months. What is the HR policy regarding this matter?

Understanding the Need for an NOC

You need an NOC if you are working in one department and want to move to another department within the company. Now that you have taken a break and are not currently employed by the company, you don't need an NOC. You can apply afresh.

Sanjeev is right. What you need now is the Relieving Letter from your present employer—not the NOC from your earlier department in this company. This is also presuming that you have the Relieving Letter from the old company when you left 6 months ago—which is in itself the NOC from the old department.

Looking at this situation in another way, what's stopping the new department from checking your performance in the earlier department on their own—unless they want to avoid your application and are taking this as a ruse?

Regards,
TS

Thanks for your reply, Sanjeev and Tajsateesh. The situation is as follows: I received a relieving letter from my previous company. As far as my performance is concerned, my rating was always above expectations during appraisals. During my tenure at the old company, I tried to join that department, but my department head never allowed me to do so, and HR always asked for department head approval.

The employee became despondent once he left the company due to personal egos involving my old company department head. There is no HR policy for this kind of situation currently in my old company, but HR is still asking for a No Objection Certificate (NOC).

The individuals who are trying to prevent me from joining that department due to their personal egos are in a position to influence HR decisions and create a new policy that will prevent me from rejoining the same company again.

Legal Assistance for Rejoining

Are there any laws that exist to help me in this situation? I would appreciate any help on this.

Thanks,
Mahesh

In a way, Surya Vrat Rana has pointed to a very practical and realistic way of looking at your situation/problem. I suggest analyzing a bit on your reasons for opting to rejoin this company—and in this specific department. I am sure there must be very valid reasons—segregate them from the company. I am also sure there will be other companies that offer what pulls you to this company. Aim to join any of them—rather than focusing solely on this company.

There's also another reason why I think this is a more prudent way of handling things—assuming you manage the NOC for now, are you sure that the ego clashes that you talk about won't resurface again after you join? If they do recur, the damage to your career would be much more significant than it is now—you may only be losing the current opportunity, but later it could be much more than that. I hope you understand my point.

All the best.

Regards,
TS