Non solicitation clause
2 years ago
I had signed a non solicitation agreement with my previous organisation which was valid from the one year of termination date. Now it has been an year since I left the company, so can i join my ex colleagues company. Will there be any legal issues?
Yes as it is already expired you can join the proposed company even otherwise section 27 of contract act protect you.
Indian judiciary has generally refused to enforce contract with non solicitation clause, so there would be very less chances if the company sues you in case. Also you are free to join your friends company and in case they sue you they have very less chances of suceeding in the same.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You could join your friends company. There would be no legal issues also Indian courts have refused to enforce non solicitation cluase contract.
Thanks
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Madhulika Bhatnagar
Responded 2 years ago
S D
Replied 10 months ago
I am employed in an Indian company. I am working remotely for a client in The Netherlands. My Indian employer also operates in NL and actually I work for NL client via NL office of my Indian company. My India "Employment offer" letter has non solicitation clause preventing me to join a client . My questions are..
1. If I join a client company in NL just after being relieved from my Indian employer, I am definitely not violating non solicitation of a NL company. Is it correct?
2. If I join a client company in NL, shall I still violate non solicitation clause of India contract?
3. If yes, Should the litigation be in jurisdiction of India court, not NL court?
4. Is there still a legal possibility that my Indian employer can initiate litigation in NL through its NL entity to penalize me?
5. How much could be the penalty amount, if I become penalized? Shouldn't that be at par Indian Law, not NL law?
the clause is in below.
1. COVENANTS AND REPRESENTATIONS:
1.1 You also agree that during the term of your employment with the Company and for twelve (12) months after the cessation of employment, regardless of the reason of
cessation of employment, you will not:
a) directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, hire, solicit, or induce, or attempt to recruit, hire, solicit, or
induce, any employee of the Company with whom you had dealings, personal contact or supervised while performing your duties or otherwise, to terminate their
employment relationship with the Company.
b) directly or indirectly, solicit or attempt to solicit business, customers or suppliers of the Company or of its affiliates.
c) directly or indirectly, solicit or attempt to solicit or undertake employment with any client of the Company or any organization where you have been taken or sent for
training, deputation or secondment or professional work by the Company; and
d) provide or attempt to provide professional services similar to those provided by the Company to its current or prospective customers, with whom you (i) had business
interactions or any other dealings on behalf of the Company during your employment with the Company and/or (ii) had been directly associated with the customer in
relation to a project.
employer prevented to join other workplace
Forcefull overtime on weekends with Half day salary
Obc ncl
Pf overlaping issue
Pf exit date noy done by employer
