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 will not relieve me and won't do my full and final.
From India, Gurgaon
From India, Gurgaon
Hi,
No Employer has the right to force their employees share the offer letter or to share the details of new employer. They have no right to hold settlement or to hold relieving letter just because you didn't shared the offer letter. Handle such situations diplomatically. You could have told that have not received the offer letter and will get Appointment order directly on joining date only etc. Give them assurance you will not disturb their client base.
From India, Madras
952No Employer has the right to force their employees share the offer letter or to share the details of new employer. They have no right to hold settlement or to hold relieving letter just because you didn't shared the offer letter. Handle such situations diplomatically. You could have told that have not received the offer letter and will get Appointment order directly on joining date only etc. Give them assurance 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 procedure as 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. 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 procedure as 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. 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 organistion(private) has no relevance to your employer.You are free to seek employment anywhere, except that you cant leak company secrets to new employer etc.
Pl be firm with your current employer and politely decline to shre names etc and employment offer letter.
They cannot stop your final settlement of dues.
From India, Pune
Pl be firm with your current employer and politely decline to shre names etc and employment offer letter.
They cannot stop your final settlement of dues.
From India, Pune
Dear member
Offer and acceptance are contract documents which are private in nature and need not ( can not be ) made public.You have to stick to your contract obligations with your present company from where you will be relieved. Is there a clause which states you need to disclose. Or is the prospective company is a competitor! Is there a clause on non-disclosure. You can informally tell your difficulties, and say you have to consult your legal adviser whether your company can arm twist you at the time of leaving . Please ensure no dues certificates, conduct certificates, experience certificates before you take and legal recourse.
From India, Tiruchirappalli
Offer and acceptance are contract documents which are private in nature and need not ( can not be ) made public.You have to stick to your contract obligations with your present company from where you will be relieved. Is there a clause which states you need to disclose. Or is the prospective company is a competitor! Is there a clause on non-disclosure. You can informally tell your difficulties, and say you have to consult your legal adviser whether your company can arm twist you at the time of leaving . Please ensure no dues certificates, conduct certificates, experience certificates before you take and legal recourse.
From India, Tiruchirappalli
Hi,
The existing employer does not any rights to ask or force to their employee for sharing offer letter and they have also not any rights to hold the full & final settlement. you can say that you will get offer letter on the day of joining.
Regards,
Sohan Singh
HR & Compliance Manager
Amit Exports
Agra
From India, Ghaziabad
The existing employer does not any rights to ask or force to their employee for sharing offer letter and they have also not any rights to hold the full & final settlement. you can say that you will get 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
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