The employment contract has a non-compete clause with the following features:
1) 6 months duration
2) Applicable globally in the same industry
3) Paid @ 75% of last drawn salary
4) Can be enforced any time by the employer post-termination up to 6months
Further, the contract has mentioned company appointed sole arbitrator will handle all disputes.
The employee here, in this case, is very young (~26yr age) and has worked in the company for only 2 yrs. (therefore is very junior)
Is this stringent non-compete on such a junior employee enforceable?
How can the employee dispute this clause since the company appointed sole-arbitrator is unlikely to rule in his favor?
NB:
* The main concern of the employee is that he wants non-compete to be voided ASAP (much before the end of 6 months) otherwise it would be fighting it would become irrelevant. <----------------
Relevant references:
1) https://www.mondaq.com/india/contrac...ment-agreement
3) https://singhania.in/sole-arbitrator...-by-one-party/
From India, Delhi
1) 6 months duration
2) Applicable globally in the same industry
3) Paid @ 75% of last drawn salary
4) Can be enforced any time by the employer post-termination up to 6months
Further, the contract has mentioned company appointed sole arbitrator will handle all disputes.
The employee here, in this case, is very young (~26yr age) and has worked in the company for only 2 yrs. (therefore is very junior)
Is this stringent non-compete on such a junior employee enforceable?
How can the employee dispute this clause since the company appointed sole-arbitrator is unlikely to rule in his favor?
NB:
* The main concern of the employee is that he wants non-compete to be voided ASAP (much before the end of 6 months) otherwise it would be fighting it would become irrelevant. <----------------
Relevant references:
1) https://www.mondaq.com/india/contrac...ment-agreement
3) https://singhania.in/sole-arbitrator...-by-one-party/
From India, Delhi
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Non-compete clause in service contracts.pdf
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Non compete.doc