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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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From India, Mumbai
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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
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From India, Shirpur
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(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)