Hi, I work in a software service-based company. This company has a set of clients. Upon joining this company in 2006, an agreement was made with me that I would not join any of the clients for 12 months after termination from this company, regardless of the type of termination. My client is now ready to hire me, and I am the last employee working for that client. Can I resign from this employer and join the client company, which is also located in Bangalore, India? The client's parent company is in the USA. Will the client still be a client of my employer even after I resign from them?
The client has mentioned that they are confident that the client company is not willing to replace me with anyone else from my company. Please guide me in the right direction.
From India
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The client has mentioned that they are confident that the client company is not willing to replace me with anyone else from my company. Please guide me in the right direction.
From India
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Greetings,
Can you share the part from the document which mentions the non-compete clause? Here's a discussion on why such a clause might not be valid NDA & NCA - Appointment letter. We need to read what the clause mentions to be able to suggest you.
From India, Mumbai
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1893Can you share the part from the document which mentions the non-compete clause? Here's a discussion on why such a clause might not be valid NDA & NCA - Appointment letter. We need to read what the clause mentions to be able to suggest you.
From India, Mumbai
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I fully agree with Ms. (Cite Contribution). Until and unless the terms of the NDA/NCA agreement are known to the forum, it will be hard to advise you. If the terms have legality covered, then they can take appropriate action against you.
So, it is advisable to go through the terms mentioned in the NDA/NCA agreement signed by you before resigning or taking any decision.
From India, Ahmadabad
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So, it is advisable to go through the terms mentioned in the NDA/NCA agreement signed by you before resigning or taking any decision.
From India, Ahmadabad
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I would like to take you to the following link where a similar discussion had taken place. Please follow the link: https://www.citehr.com/343871-restri...ompetitor.html
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hi Himesh,
As others stated, without having details of your agreement, giving an answer is difficult. However, from my experience, the agreement seems fair and enforceable. The client does not (from point of the NDNC) stop being only just because they stopped doing work with that particular company. While legal action in India may take a long time, it's not a threat or distraction you need on your head when you are trying to build a career or do good work.
In addition, I suspect your current company will put you on NASSCOM blacklist and make it difficult for you to find a job later. The best option would be for your client to negotiate directly with your company to get a NOC allowing you to join. If they really want you, they would be willing to pay a small premium to the company to release you from the agreement.
From India, Mumbai
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As others stated, without having details of your agreement, giving an answer is difficult. However, from my experience, the agreement seems fair and enforceable. The client does not (from point of the NDNC) stop being only just because they stopped doing work with that particular company. While legal action in India may take a long time, it's not a threat or distraction you need on your head when you are trying to build a career or do good work.
In addition, I suspect your current company will put you on NASSCOM blacklist and make it difficult for you to find a job later. The best option would be for your client to negotiate directly with your company to get a NOC allowing you to join. If they really want you, they would be willing to pay a small premium to the company to release you from the agreement.
From India, Mumbai
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Actually, the Contract Act is very clear on this concept. Regardless of the details of the clause mentioned in the agreement, if the essence of the clause aligns with what you have explained above, then yes, it is legal. You cannot join the client of the company since the wording post-termination is explicit in nature. It is legally sound, even if the timeframe is considered reasonable under the law.
From India, Bangalore
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From India, Bangalore
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