Dear Sir,
I am working with a pharmaceutical company as a representative, and the company is based in the USA as well as in Ahmedabad. The company pays a good amount of incentives, and based on that, the company has made me sign a contract that I can't work for anyone in the same field after leaving this company. Additionally, the company is also holding onto the commission as in the contract they mentioned that the commission will be at the company's discretion and will be paid when the company feels to pay that.
Now, one of the competitors based in India has been contacting me with a better commission offer. Can I join them, and if so, what legal actions can the company take as I am losing out on a huge amount of commission with the company? The company is owned by two partners, and the contract does not specify a timeline for how long I can't work with competitors. Please help me regarding this.
Thank you.
From India, Ahmedabad
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I am working with a pharmaceutical company as a representative, and the company is based in the USA as well as in Ahmedabad. The company pays a good amount of incentives, and based on that, the company has made me sign a contract that I can't work for anyone in the same field after leaving this company. Additionally, the company is also holding onto the commission as in the contract they mentioned that the commission will be at the company's discretion and will be paid when the company feels to pay that.
Now, one of the competitors based in India has been contacting me with a better commission offer. Can I join them, and if so, what legal actions can the company take as I am losing out on a huge amount of commission with the company? The company is owned by two partners, and the contract does not specify a timeline for how long I can't work with competitors. Please help me regarding this.
Thank you.
From India, Ahmedabad
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First and foremost, the thing is always to read before signing any contract/agreement and seek clarifications wherever there is doubt or confusion in mind.
"Company has made me sign a contract that I can't work for anyone in the same field after leaving this company."
No one can stop you from working in the same field after leaving the first employer. It is against basic principles of the right to work. Yes, you cannot leak out company secrets, etc., to a new employer.
Commission is part of your entitlement for work done, and you are entitled to the same. There cannot be any legally binding clause that they will pay when they feel like.
Please consult a local advocate who deals with employment matters, contracts, etc., and show him all documents to get full clarifications on the next course of action.
What is your exit notice period? Give them notice and seek full settlement of dues when leaving.
Are the partners India based? Take legal advice based on the documents you have as an employee.
The clarifications given here are based on what you have written and may not reflect the totality of your job situation.
From India, Pune
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3180"Company has made me sign a contract that I can't work for anyone in the same field after leaving this company."
No one can stop you from working in the same field after leaving the first employer. It is against basic principles of the right to work. Yes, you cannot leak out company secrets, etc., to a new employer.
Commission is part of your entitlement for work done, and you are entitled to the same. There cannot be any legally binding clause that they will pay when they feel like.
Please consult a local advocate who deals with employment matters, contracts, etc., and show him all documents to get full clarifications on the next course of action.
What is your exit notice period? Give them notice and seek full settlement of dues when leaving.
Are the partners India based? Take legal advice based on the documents you have as an employee.
The clarifications given here are based on what you have written and may not reflect the totality of your job situation.
From India, Pune
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf