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I have requested a waiver of the notice period, but they are telling me that I should not be employed anywhere up to 90 days from my date of registration. Is there any possibility of checking my new employment if I join? Also, I want to know if there is any rule that if a company waives notice, we shouldn't work.
From India, Chennai
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KK!HR
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The employer seems to be too obstinate. An early release, subject to preventing you from joining elsewhere for 90 days, defeats the very purpose of seeking early relieving. There is no rule anywhere stating that an employee must remain jobless for the period of notice waived off by the employer.

If you are a member of EPF, there is a possibility that the current employer could learn about your future employment moves. Otherwise, there is very little chance.

From India, Mumbai
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Hi, In many employment contracts, there is a notice period that an employee must give before resigning. Employers may agree to waive this notice period, allowing you to leave the job sooner. However, it's essential to understand the terms and conditions associated with the waiver. If there is a stipulation that you should not be employed elsewhere for a certain period, it could be a non-compete clause.

Non-compete clauses

Non-compete clauses vary by jurisdiction, and their enforceability can depend on factors such as geographical scope, duration, and the nature of the restrictions. Some organizations may have laws limiting the enforceability of non-compete clauses, while others may uphold them if they are deemed reasonable.

Steps to understand your situation

Review Your Employment Contract: Examine your employment contract thoroughly to understand the terms of the notice period waiver and any associated restrictions.

Seek Legal Advice: Consult with an employment lawyer who can provide guidance based on the specific laws and regulations in your jurisdiction. They can help you understand your rights and obligations.

Negotiate with Your Employer: If you have concerns about the terms, consider discussing them with your employer. They may be willing to modify the agreement to better suit both parties.

Thanks,

From India, Bangalore
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