SachinS
Hi,
My name is sachin, i am hired for service based company and working for a client, and it has been almost six months i got release from the client project and recently i got a offer from the same client and i put my resignation with the current company but there is a clause mentioned with the current company in the undertaking form at the time of joining stating that i cannot directly take up the employment be it if any kind of termination for a period of two years. So can someone help me whether I can the join the same client or my current company can legally file a case on me?? Please find the attached screenshot of the clause they mentioned and do the needful

From India, Bengaluru
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vmlakshminarayanan
942

Hi,

Of late many employers are adding this clause in appointment order but practically speaking you cannot restrict an employee that he/she should not join with other company with similar business. So better join silently and do not expose your joining openly.

From India, Madras
aussiejohn
662

https://www.legalservicesindia.com/a...e%20are%20void.

If you have signed a contract with this clause included, then I would be very wary. Speak to you lawyer, though you should have done that BEFORE you submitted your resignation. Make sure you have a Plan B in place in case your old employer plays hard ball on this. I suspect it is unlikely that they won't find out what you have done.

From Australia, Melbourne
KK!HR
1534

You have accepted and agreed to the conditions put by your employer and hence you are bound by them. You need to inform your employer about the offer being received from the customer and can take up employment only if they have no objection to it.
From India, Mumbai
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