Non compete clauses

5 years ago

Hi,
Recently I have resigned from a company and moved to same line of business company due to my area of expertise. However, I have been pressurised from my previous company to leave my current company due to non compete signed with my previous company on a 100 rupee stamp paper and this paper says that I can't join the same domain company for the next two years, though I had a very genuine conversation with them and said that I won't follow any unethical practices. Still they are forcing me legally to leave my current company.

Now, I want to know if I can continue with my current employer with out doing any unethical work. Also, I have already received my complete release documents from my previous organization.

Thanks in advance.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Since you have already resigned and received release documents from previous Employer Company then there is no problem in working for another new company.
But, your Contract with previous company has to be looked in to minutely.
So, best option for you would be to be in touch with an Advocate whom you know or get one through Vidhikarya.com. Your’s is not the first case in India. There might be other cases as well in your previous company
Shanti Ranjan Behera
Advocate

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ARPIT BATRA

Responded 5 years ago

A.If it states the condition, it's a clear breach of agreement.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
You will get production under Section 27 of Contract Act.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.But if there was contract between you and previous company about work then you might be in subject to legal actions

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client if you already received release document from previous company then there is no issue.you can carry on with new organization. no one can force you to leave job or force to join their organization.

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Junaid Ali Khan

Responded 5 years ago

A.After signing the non-compete clause you can continue to work in the new organization but your previous employer can sue you for breach of contract.

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