Hi,
In my previous job, I was given the appointment letter at the time of joining the organisation which had a clause that I cannot join competition for a period of 2 years after resigning from the organisation. I had signed this at the time of acceptance of the job.
As things would be I resigned from my previous job, and my relieving letter also mentioned that I cannot join competition for the 2 year period.
After a gap of 1 month I got an offer from another organisation in the same industry and I joined them. I have now being served a legal notice by the earlier organisation that this is a breach of contract and they have asked me to compensate for a loss of goodwill and business, plus charged me with section 415, 418 and 420 of IPC.
I would like to know, as to what my next steps should be.
Any assistance offered will be of great help
Thank you.
From India, Chennai
1In my previous job, I was given the appointment letter at the time of joining the organisation which had a clause that I cannot join competition for a period of 2 years after resigning from the organisation. I had signed this at the time of acceptance of the job.
As things would be I resigned from my previous job, and my relieving letter also mentioned that I cannot join competition for the 2 year period.
After a gap of 1 month I got an offer from another organisation in the same industry and I joined them. I have now being served a legal notice by the earlier organisation that this is a breach of contract and they have asked me to compensate for a loss of goodwill and business, plus charged me with section 415, 418 and 420 of IPC.
I would like to know, as to what my next steps should be.
Any assistance offered will be of great help
Thank you.
From India, Chennai
Dear friend,
Please check my following post:
https://www.citehr.com/571397-delhi-...n-compete.html
Thanks,
Dinesh Divekar
From India, Bangalore
Please check my following post:
https://www.citehr.com/571397-delhi-...n-compete.html
Thanks,
Dinesh Divekar
From India, Bangalore
Thanks Divakar, Please advise if I need to pay any heed to the advocate’s notice, or approatgor legal counsel given the sections415, 418 & 420 mentioned in the notice. Thank you
From India, Chennai
From India, Chennai
I am from Pakistan. In Pakistan some employer do that type of practice and send legal notices and some go to court of law for filling the damages case. As opinion of legal experts that type of case run more than 10 to 15 years to decide and raise many legal questions such as given below ;
1. As per Constitution of our country forced labour and slavery is prohibited.
2. If employee does not do relevant job as per his technicality and experience, how he do during jobless period ? How he run his/her kitchen expense ? how he/she lives his life ? that types of clauses is illegal and lead to leave employee hand to mouth.
If doctor is working in hospital and as per contract clauses he will not join any hospital or do same practice, what doctor will do after resignation ? do he burn his MBBS degree or leave his profession ? so that type of clauses are illegal and unconstitutional. Employer intention is tyranny and malafide.
3. If Employer give future compensation in lieu of that type of bonding clauses then it could be considered to the some extent otherwise not.
So do not worry write the same as above mentioned against reply of legal notice.
Regards,
Asif Amin, Advocate
Karachi-Pakistan
From Pakistan, Karachi
1. As per Constitution of our country forced labour and slavery is prohibited.
2. If employee does not do relevant job as per his technicality and experience, how he do during jobless period ? How he run his/her kitchen expense ? how he/she lives his life ? that types of clauses is illegal and lead to leave employee hand to mouth.
If doctor is working in hospital and as per contract clauses he will not join any hospital or do same practice, what doctor will do after resignation ? do he burn his MBBS degree or leave his profession ? so that type of clauses are illegal and unconstitutional. Employer intention is tyranny and malafide.
3. If Employer give future compensation in lieu of that type of bonding clauses then it could be considered to the some extent otherwise not.
So do not worry write the same as above mentioned against reply of legal notice.
Regards,
Asif Amin, Advocate
Karachi-Pakistan
From Pakistan, Karachi
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Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg
Non compete.doc