Can My Former Employer Legally Withhold a No Objection Certificate After Maternity Leave?

I have worked in an organization for a year. I got pregnant and took maternity leave. However, I couldn't continue my job due to issues related to maternity. Consequently, I quit the job immediately without a proper relieving process, although I did inform them in person. Unfortunately, they have added my name to the absconded list. After a three-year gap, I have now secured a new job and have requested a No Objection Certificate (NOC) from my previous organization. Is there any legal provision that allows organizations to withhold NOCs for employees labeled as absconded?

No Legal Obligation for NOC to Absconded Employees

There is no legal obligation to give or not to give a No Objection Certificate (NOC) to an absconded employee. Indeed, there is no provision for an NOC for joining a new organization. Treating you as an absconded employee is also not correct as you had informed them of your inability to continue for medical reasons related to pregnancy.

You may formally apply for an experience certificate and relieving order. That should suffice. Try to meet the HR or Admin personnel and request them in person. Most likely, they would oblige you.

I disagree with you. The concerned former employee just left without notice and without a handover. She only informed them that she wouldn't continue and wouldn't complete even the notice and handover (that is what I gather from above).

Why would the company give her a NOC? Why would the HR or the management want to favor someone who didn't bother to do a handover, other than to thank her for saving them maternity leave?

Addressing Maternity Leave Issues and Resignation

1. Please refer to your appointment letter clauses carefully to see if you receive any kind of support from that.

2. You mentioned that you were experiencing some issues with your maternity, and in person, you also informed them about this.

3. Beyond law, rules, and regulations, one thing that always exists is humanity and, to some extent, the principle of natural justice.

I suggest you visit HR with a proper hard copy of your resignation along with justification of your inability to submit it within the time frame due to maternity issues and the relevant documents.

I hope HR will understand your problem with sympathy and will take the necessary steps. Please approach them with respect, in a requesting and polite manner to facilitate the process.

Regards, Prashant

You were granted maternity leave by the company. When the company did this for you, you should have tried to comply with the separation clause mentioned in your appointment letter, which you did not do. That is why the company included your name in the absconded employees' list.

Now, you have received an offer from another company. Try to visit your old company, meet the HR head and CEO if necessary (there's nothing wrong even if you have to apologize to them), and convince them about the issues related to your post-delivery period. Submit a resignation letter along with a request for your experience certificate and relieving order.