Legal Question in Employment Law in India

I am a Sales & Marketing professional , I was hired by an IT firm in India initially on contract for 6 months after which I was on permanent rolls and was made to sign a non-compete and non-solicit agreement fro two years. However I had read on the internet that this clause is not enforceable in India , when I brought it to the notice of my employer they refused to budge from their stance mentioning it was a standard norm and I would have to sign it. Now that I have left the organization and have opportunities in other companies in the same business , I would like to know whether on joining a company in similar business as that of my last employer , can they take any legal action against me.


Asked on 8/05/11, 1:34 am

2 Answers from Attorneys

There is nothing unenforceable in India as regards the contractual relationships between the parties. Yes with respect to the employer employee relation , any contract signed or bond signed by the employee is looked into w.r.t any unwaranted condition which may harm the future prospects of the employee. There should not be undue harm to the employee or should not be prejudicial to the interest of employee.

So if you have the copy of the bond/contract signed by you, then that would be much easier to understand the situation here.

Regards

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Answered on 8/05/11, 3:52 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

dont wory u have a strong case favouring you even if they take any legal action ....

if u have read that its not enforceable in india to make u laible they first have to prove their clause to be valid and as per law of india... rest if situation occurs ... u have several defences.. than u just need to hire a gud lawyer..

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Answered on 8/06/11, 3:05 am


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