Please guide on non compete clause Please guide on non compete clause

1 year ago

In my current organization offer letter its mentioned -
"You shall not , during the period off your employment with the company and
for a period of 12 months from the date you have ceased to be employee of the company ,
accept any employment with or solicit any business or work from any organization, which has been either a customer or a client of company.

You shall not join/engage as an employee/consultant in any organization that is working with
the same client project for which you have worked during employment with the company"


1) Does this means ,after resigning from current organization, I could not able to work for next 12 months for any active current company ?
2) Can I work for Past client of company who ceased its contact with my current organization 3 years back ?
3) Suppose my current organization has client A and I worked for that client under project 'X' 3 years ago, can i work with same client company in 'Y' project ? will it be breach or agreement ?

Anik

Responded 1 year ago

View All Answers
A.1. The clause you mentioned from your offer letter states that for a period of 12 months after you cease to be an employee of the company, you cannot accept any employment or solicit any business or work from any organization that has been a customer or a client of your current company. This means that you cannot work for any of the company's current clients or customers for a period of 12 months after your employment ends.

2. If the past client has ceased its contact with your current organization, and is not a current customer or client of your organization, then it is likely that working with that client would not violate the terms of your agreement. However, it would be best to consult with your legal department or seek professional legal advice to confirm this.

3. If you worked for client A under project X three years ago, and now client A has a new project Y, you may be able to work for client A on project Y. However, it would be best to consult with your legal department or seek professional legal advice to confirm this, as it will depend on the specific terms of your agreement and the nature of the work you would be doing for client A.

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