I worked in a company as an instructor and only this was the only thing written in my appointment letter "You will not approach Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. Company can take legal action against you in case of breach of this condition (even if discovered at a later date)" I am not joining any of my company customer as an full time employee but Can i work as freelance instructor for same customer for whom i delivered the trainings? Is it going to be legal? They are not paying my dues and they are saying they will send legal notice. Kindly suggest me on this.
From India, Delhi
From India, Delhi
Hi Ranagg,
You have mentioned "Can i work as freelance instructor for same customer for whom i delivered the trainings?", have you joined/serving them already? If you have signed a NDA/NCA with your employer then they may take legal action against you, though you are not a full time employee of your client.
From India, Bangalore
477You have mentioned "Can i work as freelance instructor for same customer for whom i delivered the trainings?", have you joined/serving them already? If you have signed a NDA/NCA with your employer then they may take legal action against you, though you are not a full time employee of your client.
From India, Bangalore
Thanks Mahesh, I have not signed any such NDA/NCA with my employer and nothing is even written in my appointment letter. What they said to me as per your appointment letter terms and conditions you cannot do this. As i mentioned earlier only this is written in my appointment letter "You will not approach Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. Company can take legal action against you in case of breach of this condition (even if discovered at a later date)". Is it still valid for them to take any legal action?
From India, Delhi
From India, Delhi
Hi! Ranagg,
they have clearly mentioned in the appointment clause, that you will not approach customers Directly or Indirectly. Freelancing would indicate indirect employment.
Hence, they can take a legal action against you.
regards
Vineeta
From India, Mumbai
they have clearly mentioned in the appointment clause, that you will not approach customers Directly or Indirectly. Freelancing would indicate indirect employment.
Hence, they can take a legal action against you.
regards
Vineeta
From India, Mumbai
But if i am not working with their customers, If i am working for different company as freelance consultant and they can give me any assignment and that can be for any customer (same or different customer). Is it going to be still the reason for any legal notice? This company was not in my contact during my employment tenure.
From India, Delhi
From India, Delhi
It depends on how your engagement model is. As per your statement, "You will not approach Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. Company can take legal action against you in case of breach of this condition (even if discovered at a later date)" is mentioned in the appointment letter. The word "Indirect" refers, that you will/should not serve your ex-employers clients, even through another company. Better consult an advocate who deals with corporate affairs.
From India, Bangalore
From India, Bangalore
Dear,
Company cannot serve you any legal notice. You have right to earn your living and from the resources and knowledge known to you. No one can stop you from working for any company or any institution.
Read few articles below to help you understand the law in better manner
Go ahead and live you life !
ARTICLE 21: RIGHT TO LIFE & LIVELIHOOD - LawLex.Org
Article 21 of the Constitution of India - Right to Life and Personal Liberty - Academike
From India, Delhi
Company cannot serve you any legal notice. You have right to earn your living and from the resources and knowledge known to you. No one can stop you from working for any company or any institution.
Read few articles below to help you understand the law in better manner
Go ahead and live you life !
ARTICLE 21: RIGHT TO LIFE & LIVELIHOOD - LawLex.Org
Article 21 of the Constitution of India - Right to Life and Personal Liberty - Academike
From India, Delhi
A contract for employment or service is a private agreement. No one, Government agencies included, cannot indulge in private legislation, especially that inhibits Fundamental Rights, under the pretext of conditions in the appointment letter.
From India, Kochi
From India, Kochi
Mahesh, As per them i cannot work with their customers till 2 years but this is not mentioned anywhere in my appointment letter. How someone can put the restriction like this if something is not in the appointment letter at all?
From India, Delhi
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Company Letter for Completion 01 Month Notice.docx
Legal Notice.pdf