Here is situation. I am on PR in Canada- toronto city. and working for major Indian IT Consultancy firm (TCS).
I have an offer my current client but in different department/business line. I dont directly worked with them but I have applied online through client job opportunity website and they interviewed me and provided offer.
My client has confirmed they dont have any non-compete or other agreement which can prevent them to hire me as an employee. But I have signed one non-solicitation agreement as below. Will this hamper me? will this invite legal action from TCS? Please advise asap.
I am worried about Point.
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) solicit or accept employment as an employee or independent contractor, with any customers of the Company for whom I was assigned responsibility to support Company’s engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
Acknowledge(0)
Amend(0)
I have an offer my current client but in different department/business line. I dont directly worked with them but I have applied online through client job opportunity website and they interviewed me and provided offer.
My client has confirmed they dont have any non-compete or other agreement which can prevent them to hire me as an employee. But I have signed one non-solicitation agreement as below. Will this hamper me? will this invite legal action from TCS? Please advise asap.
I am worried about Point.
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) solicit or accept employment as an employee or independent contractor, with any customers of the Company for whom I was assigned responsibility to support Company’s engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
Acknowledge(0)Amend(0)
You will be in contravention of the agreement with M/s TCS as per what i can make out. Whether TCS will take legal action is a matter which only company can comment.
From India, Pune
Acknowledge(0)Amend(0)
3251From India, Pune
Acknowledge(0)Amend(0)
Dear Rajulita02,
A company like TCS will have hundreds of clients. An average employee might deal with clients, but only a few of them and not all. Against this backdrop, how would you know if the particular company where you have applied for the job could be a customer of TCS?
Secondly, as you mentioned, you have not dealt with them directly. Then where is the question of solicitation?
Thirdly, you mention that your work will be different from the work you will do in the future. In that case, TCS should not have any problem. However, this could be only a secondary defense.
Lastly, earlier I have posted on this forum about the ruling by the Delhi High Court. Click the following link to refer to it: https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give resignation. There is no need to disclose to TCS which company you will join in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
A company like TCS will have hundreds of clients. An average employee might deal with clients, but only a few of them and not all. Against this backdrop, how would you know if the particular company where you have applied for the job could be a customer of TCS?
Secondly, as you mentioned, you have not dealt with them directly. Then where is the question of solicitation?
Thirdly, you mention that your work will be different from the work you will do in the future. In that case, TCS should not have any problem. However, this could be only a secondary defense.
Lastly, earlier I have posted on this forum about the ruling by the Delhi High Court. Click the following link to refer to it: https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give resignation. There is no need to disclose to TCS which company you will join in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Mr Dinesh, Querist is aware that the new employers is TCS client and he was servicing them. ""I have an offer my current client but in different department/business line.""
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
No issues, you can just inquire with the current company colleagues if any of them have joined the client place from your company. Similarly, ask the same at the client place. If no references are found to inquire, simply check with your manager or HR. Whether it's acceptable to them or not, if they approve, then obtain permission for a ready reference to avoid any issues in the future.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Come join.jpg