Dear Fellow Members,
I am currently an employee of Company X and have received an offer from Company Y. The offer letter states that it is subject to clearance of training at the time of induction. However, Company Y also expects me to provide a No Objection Certificate (NOC) from my previous employer, if applicable, to confirm my employment status. In this situation, can I abscond from my current company and join Company Y, providing the NOC after successfully completing the training? Would this constitute a case of dual employment?
Thank you,
Ms. Kumar
From India, Gurgaon
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I am currently an employee of Company X and have received an offer from Company Y. The offer letter states that it is subject to clearance of training at the time of induction. However, Company Y also expects me to provide a No Objection Certificate (NOC) from my previous employer, if applicable, to confirm my employment status. In this situation, can I abscond from my current company and join Company Y, providing the NOC after successfully completing the training? Would this constitute a case of dual employment?
Thank you,
Ms. Kumar
From India, Gurgaon
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Employment Transition and Formalities
Yes, without obtaining a No Objection Certificate (NOC), a relieving letter, and a service certificate from your present employer, you are not free from the employment. The present employer can treat your absence from work as abstaining and may initiate disciplinary action. Even after you submit your resignation, they may refuse to accept it and may require you to complete the notice period. A prospective employer may request a relieving letter from your current employer at the time of joining, so it's advisable to complete these formalities before starting the new job.
Holding Two Jobs Simultaneously
Regarding holding two jobs simultaneously, until you fulfill the necessary formalities with your current employer, it will be considered as double employment. If your current employer is aware of your situation, they may inform relevant parties and could even publish your details in newspapers, which could have a negative impact on your career.
Thanks and regards,
Kamesh
From India, Hyderabad
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191Yes, without obtaining a No Objection Certificate (NOC), a relieving letter, and a service certificate from your present employer, you are not free from the employment. The present employer can treat your absence from work as abstaining and may initiate disciplinary action. Even after you submit your resignation, they may refuse to accept it and may require you to complete the notice period. A prospective employer may request a relieving letter from your current employer at the time of joining, so it's advisable to complete these formalities before starting the new job.
Holding Two Jobs Simultaneously
Regarding holding two jobs simultaneously, until you fulfill the necessary formalities with your current employer, it will be considered as double employment. If your current employer is aware of your situation, they may inform relevant parties and could even publish your details in newspapers, which could have a negative impact on your career.
Thanks and regards,
Kamesh
From India, Hyderabad
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You are working with Company X and now looking for Company Y. Why? This is my first question for you.
Second, do not consider absconding. This is not an ethical step, and by doing this, you'll not be able to provide any previous employment, experience, or relieving certificate to any future employer because the current employer is not going to give you exit clearance as you are expecting. The NOC or Company Y is asking for you to obtain. Also, you have just started your career life, and you should not do anything like absconding.
This is not a case of dual employment but an absconding case, which can bother you in many ways in the future. I would suggest that if you have recently joined this present company and are looking for Company Y just because of a good option with salary, you need to complete your training first because you can get many more good options in the future.
“Stay here and complete your training first.”
From India, Gurgaon
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Second, do not consider absconding. This is not an ethical step, and by doing this, you'll not be able to provide any previous employment, experience, or relieving certificate to any future employer because the current employer is not going to give you exit clearance as you are expecting. The NOC or Company Y is asking for you to obtain. Also, you have just started your career life, and you should not do anything like absconding.
This is not a case of dual employment but an absconding case, which can bother you in many ways in the future. I would suggest that if you have recently joined this present company and are looking for Company Y just because of a good option with salary, you need to complete your training first because you can get many more good options in the future.
“Stay here and complete your training first.”
From India, Gurgaon
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ESIC-37 Certificate of Re-employment-C ontinuous employment.pdf