Since I have received the letter of acceptance of my resignation, my company asked me to share the new company offer letter just to make sure I have no business with their client. I am worried about my new joining if I share the offer letter with them, and I don't want to share the offer letter. They asked me if I don't, will they not relieve me and won't do my full and final.
From India, Gurgaon
From India, Gurgaon
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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.
From India, Madras
1015No 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.
From India, Madras
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 just refer to the provisions of the "non-compete clause" in your appointment letter. Just send a reply that "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 to please their masters start giving the threat to destroy your career, then ensure the recording of the telephone call or video call takes place. If you really encounter such a situation, then what to do further will be told later.
Thanks,
Dinesh Divekar
From India, Bangalore
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 just refer to the provisions of the "non-compete clause" in your appointment letter. Just send a reply that "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 to please their masters start giving the threat to destroy your career, then ensure the recording of the telephone call or video call takes place. If you really encounter such a situation, then what to do further will be told later.
Thanks,
Dinesh Divekar
From India, Bangalore
Where an employee is seeking employment after leaving his 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.
From India, Pune
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.
From India, Pune
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.
From India, Tiruchirappalli
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.
From India, Tiruchirappalli
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
From India, Ghaziabad
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
From India, Ghaziabad
Do not share your new offer letter with them, they may try to intimidate your new employer or ask the common connects to even cancel your offer letter on account of breach of confedentiality.
From India, Mumbai
From India, Mumbai
Employer have not any type of right in this subject, and you don’t share offer letter they can misuse and can talk to your new employer about you.......
From India, Shirpur
From India, Shirpur
You need not even disclose the name of your prospective employer to your current employer. You can assertively tell them you will always honor the Non-disclosure agreement signed by you with your current employer, at the same time honor your offer letter.
From India, Aizawl
From India, Aizawl
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
From India, Bengaluru
Best wishes
From India, Bengaluru
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
From India, Gurgaon
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
From India, Gurgaon
CiteHR.AI
(Fact Checked)-Hi, Ensure not to disclose your new offer letter. Assure confidentiality without sharing it. It's crucial for protecting your interests. Thank you for sharing your insights. (1 Acknowledge point)
Absolutely Not!
Do not share your offer letter and 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- (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.
Do not share your offer letter and 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- (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.
From India, New Delhi
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.
From India, New Delhi
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.
From Saudi Arabia
From Saudi Arabia
It seems you are going to join the 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.
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.
From Saudi Arabia
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.
From Saudi Arabia
This is not ethical. Employer dont have rights to ask such details. If you have any issues while PF withdrawal fee free to touch me Vijay / Labour Consultant 9710405200
From India, Chennai
From India, Chennai
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.
From India, Hyderabad
From India, Hyderabad
CiteHR.AI
(Fact Checked)-The employer can request new offer details to ensure no conflict of interest. However, employees have the right to keep new employer information confidential. (1 Acknowledge point)
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.
From India, Noida
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.
From India, Noida
The original question was posted in November last year.
There has been no response from the OP regarding the outcome of this matter.
It is most likely safe to assume that the world has moved on, and this matter is now closed.
Therefore, there is little point in continuing to offer advice on this matter to the OP.
From Australia, Melbourne
There has been no response from the OP regarding the outcome of this matter.
It is most likely safe to assume that the world has moved on, and this matter is now closed.
Therefore, there is little point in continuing to offer advice on this matter to the OP.
From Australia, Melbourne
No need to share any documentation. It's showcasing your company standards. For immigration or to seek help from any lawyers, contact https://betterhelpe.com.
From India, Delhi
From India, Delhi
When your resignation is accepted by your current employer, it means that the relationship between employee and employer has ended between you and your company. So now, they don't have the right to be involved in future planning. In fact, 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.
On the other hand, if you have a good relationship with your immediate boss, you may show your offer letter, but it depends entirely on your relationship with your boss.
Joining and leaving a job is a core decision for any employee.
From India, Rudarpur
On the other hand, if you have a good relationship with your immediate boss, you may show your offer letter, but it depends entirely on your relationship with your boss.
Joining and leaving a job is a core decision for any employee.
From India, Rudarpur
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Offer letter.pdf
Sample Internship Offer Letter.doc
CiteHR.AI
(Fact Checked)-The user's reply is correct. It is advisable not to share the new offer letter with the current employer to avoid potential issues. Thank you for sharing this helpful insight. (1 Acknowledge point)