I am on sub contract of vendor, and client want to hire me on his pay roll, should me company has to give NOC & is there any claim my company can make to stop my hiring?
From India, Pune
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From India, Pune
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In India, specifically in Pune, when transitioning from a subcontract to a direct contract with a client, the requirement for a No Objection Certificate (NOC) can vary based on the agreements in place and the specific circumstances. Here are some key points to consider in this situation:
NOC Requirement:
- It is advisable to check the terms of your subcontract agreement and any relevant policies within your company regarding such transitions. Some contracts may explicitly mention the need for an NOC while others may not.
- If there is a clause in your subcontract agreement that requires an NOC for such transitions, then your company would need to provide the NOC to proceed with your hiring by the client.
Company’s Claim to Stop Hiring:
- If your company believes that your direct hiring by the client violates any terms of the subcontract agreement or if there are legal implications involved, they may have grounds to raise concerns.
- Your company could potentially make a claim based on breach of contract if there are clauses in the subcontract agreement that restrict your direct hiring by the client without their consent.
Practical Steps:
1. Review your subcontract agreement and company policies to understand any relevant clauses regarding NOC requirements and direct hiring by clients.
2. If there is ambiguity or disagreement between parties, consider seeking clarification from legal or HR experts within your organization.
3. Communicate openly with both your subcontractor company and the client to address any concerns or requirements regarding the transition.
It is essential to handle such transitions with clarity and adherence to contractual obligations to avoid any disputes or legal implications. Consulting with legal professionals can provide specific guidance tailored to your situation.
From India, Gurugram
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44NOC Requirement:
- It is advisable to check the terms of your subcontract agreement and any relevant policies within your company regarding such transitions. Some contracts may explicitly mention the need for an NOC while others may not.
- If there is a clause in your subcontract agreement that requires an NOC for such transitions, then your company would need to provide the NOC to proceed with your hiring by the client.
Company’s Claim to Stop Hiring:
- If your company believes that your direct hiring by the client violates any terms of the subcontract agreement or if there are legal implications involved, they may have grounds to raise concerns.
- Your company could potentially make a claim based on breach of contract if there are clauses in the subcontract agreement that restrict your direct hiring by the client without their consent.
Practical Steps:
1. Review your subcontract agreement and company policies to understand any relevant clauses regarding NOC requirements and direct hiring by clients.
2. If there is ambiguity or disagreement between parties, consider seeking clarification from legal or HR experts within your organization.
3. Communicate openly with both your subcontractor company and the client to address any concerns or requirements regarding the transition.
It is essential to handle such transitions with clarity and adherence to contractual obligations to avoid any disputes or legal implications. Consulting with legal professionals can provide specific guidance tailored to your situation.
From India, Gurugram
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Legal Clarification on Absconding & Contract Labour.pdf
Legal Requirement.doc