Shraboni. Ghosh
1

Hi Everybody
My company is 750 people strong , its an marine /engineering inspection company, now management has requested to add a clause in the appointment letter that our employee when they resign can not join our competitor. Is this clause valid ? if yes can someone send me a sample of such appointment Letter
Thanks in advance
Shraboni

From India, Mumbai
Neter
Well you can put this clause in your appointment leter but such a clause has no legal validity as it goes against some free trade practices clause. Still many companies use such clause to put physiological pressure on employees, also enforcing such a clause is very difficult

vikasdubey
5

Hi Sharboni, It is against the fundamental rights gauranteed in the constituition henceforth no legal validity. regards vikas
From India, Mumbai
gayathri.suraparaju
14

Hi ,
I am gayathri working as HR exec . What I would personally and in official terms say is " See, once an employee exits out of the company as per the company's norms , we have no right over the same employee to judge his area and site of Intrest . Hence Implementing such policy will actually not work in a fruitful way . While joining Employee might say yes to it . But then, as per law it is not valid .
Hence I dont support or Suggest you to put forth this clause in Offer letter .

From India, Hyderabad
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