Is It Fair for My Company to Demand My New Job Offer Letter Before Relieving Me?

Since I have received the letter of acceptance for my resignation, my company has asked me to share the new company's offer letter to ensure I have no business with their client. I am worried about my new job if I share the offer letter with them, and I don't want to share it. They mentioned that if I don't provide it, they will not relieve me and won't process my full and final settlement.

Hi, No employer has the right to force their employees to share the offer letter or the details of a new employer. They have no right to withhold settlement or the relieving letter just because you didn't share the offer letter. Handle such situations diplomatically. You could have explained that you have not received the offer letter and will only receive the appointment order directly on the joining date, etc. Give them assurance that you will not disturb their client base.

Dear member,

The requirement put forth by your employer violates Article 21 of the Constitution of India. Article 21 of the Indian Constitution speaks about:

- Right to life
- Right to personal liberty

According to this article, every person—citizens and non-citizens—has the right to live and the right to have personal liberty. The state can't deprive any person of these two rights except under procedures prescribed by the Indian Penal Code.

Your company is not even a "state" but a private business entity. Their requirement does not fall within the ambit of the law.

Let us keep aside the provisions of Article 21 of the Constitution. The Delhi High Court has given a ruling against a Non-Compete Clause in the Employment Agreement.

Therefore, even if you join the current employer's competitor, the company cannot question you.

At this stage, you should refer to the provisions of the "non-compete clause" in your appointment letter. Just send a reply stating, "I will abide by the provisions of clause _____, paragraph number ____" of the appointment letter. Disclosure of the offer is not required.

If the disclosure is not made, and if the over-enthusiastic HR professionals, in an attempt to please their masters, start threatening to destroy your career, ensure the recording of the telephone call or video call takes place. If you really encounter such a situation, further guidance will be provided later.

Thanks,

Dinesh Divekar

Where an employee is seeking employment after leaving their present organization (private) has no relevance to your employer. You are free to seek employment anywhere, except that you can't leak company secrets to a new employer, etc.

Please be firm with your current employer and politely decline to share names, etc., and the employment offer letter. They cannot stop your final settlement of dues.

Dear member, Offer and acceptance are contract documents that are private in nature and need not (cannot be) made public. You have to stick to your contract obligations with your present company until you are relieved. Is there a clause that states you need to disclose, or if the prospective company is a competitor? Is there a non-disclosure clause? You can informally discuss your difficulties and mention that you need to consult your legal adviser to ensure your current company cannot coerce you upon leaving. Please make sure you obtain no-dues certificates, conduct certificates, and experience certificates before you proceed with any legal recourse.

Thank you.

Hi, The existing employer does not have any rights to ask or force their employees to share the offer letter, and they also do not have any rights to withhold the full and final settlement. You can inform them that they will receive the offer letter on the day of joining.

Regards,
Sohan Singh
HR & Compliance Manager
Amit Exports Agra

Do not share your new offer letter with them. They may try to intimidate your new employer or ask common contacts to cancel your offer letter due to a breach of confidentiality.

Employers do not have any right in this matter. If you do not share the offer letter, they can misuse the information and potentially discuss you with your new employer.

You do not need to disclose the name of your prospective employer to your current employer. You can assertively tell them that you will always honor the Non-Disclosure Agreement signed with your current employer, while also respecting your offer letter.

In case your new organization conducts background verification regarding your previous job/organization, they may hold it against you. Therefore, as many fellow professionals have noted above, it is advisable to be diplomatic and use polite language to navigate the situation. You can mention that the formal appointment letter will only be provided on the date of joining. Currently, they have confirmed my employment with them.

Best wishes,

Hi, Do not share your new offer letter with them. Give them assurance that you will not disclose their client information. Be polite; otherwise, they can raise the red flag in your background verification (BGV).

Regards, Nitesh Singh

Do Not Share Your Offer Letter with Your Current Employer
Do not share your offer letter or any information related to the new offer with your current employer. Also, don't disclose the name of your prospective employer to your current employer. As per the law, the employer has no right to ask for a confidential contract or anything else.
If You Want to Continue with the Same Employer
If your current employer is willing to offer a higher salary than what you received in the new job, and you are willing to stay if the hike is given, then you can share the offer letter and negotiate for a salary increase. However, it is totally dependent on you.

There is a specified provision in all organizations, companies, factories, and establishments, etc., in their rules that the services of the employee can be terminated at any time, by either side, by giving a notice of the prescribed number of months (mostly it is three months). However, there is no stipulation or provision to cite the reason by employees while leaving. In the majority of cases, people just mention personal reasons while tendering resignation.

No employer can ever insist or pressurize to disclose the details of the organization where the employee is moving; it is, nevertheless, an individual's prerogative, but it is advisable not to share the details of the prospective employer.

First of all, leaking news and showing off to other staff is a problem. You should not mix resignation and a new job together. Resignation is between you and the company, while new employment is different. I don't know why things have gone like that. There is always a problem when two or more managers are involved in running the company together. There is no law requiring you to show the new employment offer to your old company.

It seems you are going to join a competitor. Read your original employment contract regarding resignation and joining a company with similar interests as your current employment. Nowadays, it is very common for people to switch jobs just like that. Many years ago, when people were sent abroad to install software programs and provide training, they had contracts with the company and settled there. The scenario has changed now.

Cooling-off Period in Employment

Normally, there is a cooling-off period after leaving the old company, usually about 6 months to one year, during which you are not allowed to work for a similar product company. However, this is not the case anymore, as many bank employees are shifting from one bank to another without any break or idle time between the two jobs. It seems that human nature drives people working in companies to engage in all sorts of such behaviors. Someone in a higher authority should clarify this subject for you.

This is unethical. It may not be illegal, but it raises ethical concerns.

Employers have no right to know about an employee's new job details. In some cases, employees may use the threat of outside job offers to negotiate a higher salary from their current employer.

If your company has asked you to share the new company offer letter, you should follow the instructions and share it with the appropriate parties as requested. However, before sharing any sensitive company information, make sure you understand your company's policies and procedures for sharing confidential information and ensure that you are authorized to do so. If you have any concerns or questions, it's best to reach out to your supervisor or human resources department for guidance.

When your resignation is accepted by your current employer, it signifies that the relationship between you and the company has ended. Therefore, they no longer have the right to be involved in your future planning. During your employment, they had the right to be connected with your job, not your personal life. Therefore, do not share the offer letter with your current company.

Sharing the Offer Letter
On the other hand, if you have a good relationship with your immediate boss, you may choose to show your offer letter, but it depends entirely on your relationship with your boss.

Core Decisions in Employment
Joining and leaving a job is a core decision for any employee.