Employee on Probation Needs NOC for Visa: Can We Legally Provide It?

Hello Everyone,

I work for a private limited company in Delhi as an HR Executive. One of our employees, who has been with us for the last 4 months and is currently under the probation period, has requested an NOC and bonafide letter as he wants to travel abroad and needs to apply for a visa.

Please let me know if, according to the laws, we can issue him the NOC and bonafide letter?

Thanks, Samir.

In India, an employee under a probation period can receive a No Objection Certificate (NOC) and a bonafide letter for travel abroad. It is essential to ensure that the company's policies and the employment contract do not explicitly restrict providing such documents during the probation period. However, issuing these documents is generally a standard practice for visa applications. To proceed:

1. Check Company Policies: Review the company's policies and the employment contract to confirm there are no restrictions on issuing NOCs and bonafide letters during the probation period.
2. Consult Legal Requirements: Ensure compliance with Indian labor laws and regulations regarding probationary employees' rights and entitlements.
3. Prepare the Documents: Draft a formal NOC and bonafide letter stating the employee's details, purpose of travel, and duration of the trip.
4. Obtain Approval: Seek necessary approvals from the relevant authorities within the company, such as HR or management.
5. Issue the Documents: Provide the employee with the NOC and bonafide letter duly signed and stamped by the company.

By following these steps, you can appropriately provide the required documentation to the employee for their travel abroad.