Respected members,
Presently, I am working in the sales department of my company. At the time of joining, I filled a service contract, which has a clause of a bond to work for a minimum of 2 years for the company, against which some portion of my salary is also deducted each month. After the completion of 2 years of service, it will be refunded to me.
Now that my 2 years of employment are completed, I am looking to make a job change to a competitor's company. However, I have recently discovered that the service contract also includes a clause stating that I cannot directly or indirectly join any of the competitor's companies for 2 years from the date of leaving my current company.
I think this is very unfair and rude. I request all of you to provide me with some guidance on this matter regarding whether I can change my job or not.
Awaiting your valuable suggestions.
From India, Bikaner
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Presently, I am working in the sales department of my company. At the time of joining, I filled a service contract, which has a clause of a bond to work for a minimum of 2 years for the company, against which some portion of my salary is also deducted each month. After the completion of 2 years of service, it will be refunded to me.
Now that my 2 years of employment are completed, I am looking to make a job change to a competitor's company. However, I have recently discovered that the service contract also includes a clause stating that I cannot directly or indirectly join any of the competitor's companies for 2 years from the date of leaving my current company.
I think this is very unfair and rude. I request all of you to provide me with some guidance on this matter regarding whether I can change my job or not.
Awaiting your valuable suggestions.
From India, Bikaner
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These are all standard clauses. A person working in a particular sector, will join in the same sectors only. Go ahead with your plan. Pon
From India, Lucknow
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660From India, Lucknow
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Dear All,
These are the standard clauses for the confidentiality of company business. These are the written terms & conditions that we believe you must have read, understood, and then accepted only. It's a kind of contract in itself between two parties, so you should think carefully before signing such terms & conditions.
Regards,
Tushar Swar
From India, Mumbai
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These are the standard clauses for the confidentiality of company business. These are the written terms & conditions that we believe you must have read, understood, and then accepted only. It's a kind of contract in itself between two parties, so you should think carefully before signing such terms & conditions.
Regards,
Tushar Swar
From India, Mumbai
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Thanks for posting the SC judgment.
A good point made by the judge: "It is well settled that such post-termination restraint, under Indian Law, is in violation of Section 27 of the Contract Act. Such contracts are unenforceable, void, and against public policy. What is prohibited by law cannot be permitted by the Court's injunction."
Pon
From India, Lucknow
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A good point made by the judge: "It is well settled that such post-termination restraint, under Indian Law, is in violation of Section 27 of the Contract Act. Such contracts are unenforceable, void, and against public policy. What is prohibited by law cannot be permitted by the Court's injunction."
Pon
From India, Lucknow
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Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg
Non compete.doc