Here is situation. I am on PR in Canada- toronto city. and working for major Indian IT Consultancy firm (TCS).
I have an offer my current client but in different department/business line. I dont directly worked with them but I have applied online through client job opportunity website and they interviewed me and provided offer.
My client has confirmed they dont have any non-compete or other agreement which can prevent them to hire me as an employee. But I have signed one non-solicitation agreement as below. Will this hamper me? will this invite legal action from TCS? Please advise asap.
I am worried about Point.
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) solicit or accept employment as an employee or independent contractor, with any customers of the Company for whom I was assigned responsibility to support Company’s engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
I have an offer my current client but in different department/business line. I dont directly worked with them but I have applied online through client job opportunity website and they interviewed me and provided offer.
My client has confirmed they dont have any non-compete or other agreement which can prevent them to hire me as an employee. But I have signed one non-solicitation agreement as below. Will this hamper me? will this invite legal action from TCS? Please advise asap.
I am worried about Point.
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) solicit or accept employment as an employee or independent contractor, with any customers of the Company for whom I was assigned responsibility to support Company’s engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
You will be in contravention of the agreement with M/s TCS as per what i can make out. Whether TCS will take legal action is a matter which only company can comment.
From India, Pune
3131From India, Pune
Dear Rajulita02,
A company like TCS will have hundreds of clients. Average employee might deal with clients but only a few of them and not all. Against this backdrop, how you would know that particular company, where you have applied for the job could be TCS's customer?
Secondly, as you say, you have not dealt with them directly. Then where is is the question of solicitation?
Thirdly, you say that your work will be different from the the work the work that you will do in future. In that case, TCS should not have any problem. However, this could be only the secondary defence.
Lastly, earlier I have posted on this forum ruling by the Delhi High Court. Click the following link to refer it:
https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give resignation. No need to disclose to TCS, which company you will join in future.
Thanks,
Dinesh Divekar
From India, Bangalore
A company like TCS will have hundreds of clients. Average employee might deal with clients but only a few of them and not all. Against this backdrop, how you would know that particular company, where you have applied for the job could be TCS's customer?
Secondly, as you say, you have not dealt with them directly. Then where is is the question of solicitation?
Thirdly, you say that your work will be different from the the work the work that you will do in future. In that case, TCS should not have any problem. However, this could be only the secondary defence.
Lastly, earlier I have posted on this forum ruling by the Delhi High Court. Click the following link to refer it:
https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give resignation. No need to disclose to TCS, which company you will join in future.
Thanks,
Dinesh Divekar
From India, Bangalore
Mr Dinesh, Querist is aware that the new employers is TCS client and he was servicing them. ""I have an offer my current client but in different department/business line.""
From India, Pune
From India, Pune
No issues, you can just enquire the current company collegues that any of them joined at client place from your company. And the same ask at client place.
If no references found to enquire just check with your manager or HR. Whether its fine for them or no, but if they say ok then get an approval for ready reference to not get any issues in future.
From India, Hyderabad
If no references found to enquire just check with your manager or HR. Whether its fine for them or no, but if they say ok then get an approval for ready reference to not get any issues in future.
From India, Hyderabad
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