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Request for an advice

Guest (Querist) 18 September 2014 This query is : Resolved 
Dear Sir,

Can you please help me out with an issue I am facing with my previous employer by providing me some advice. The employer has put restrictions to stop me from joining a similar industry, he has taken a affidavit (non compete and non solicitation) on a Rs. 100 stamp paper from me which contains a statement from me that directly says that I agree to not join in any organisation that competes with the business of the previous company all this happened at the time of my relieving from the company. Will there be any problem If I join a competitor now, I came to know from a friend of mine that it will become a invalid agreement because it violates a constitutional right "Right to Work". I am not getting any clear idea, please sir please provide me some advice. Also how many days can a employer take to settle the money? My previous employer also blocked my salary and paid leaves. Please help me out from this issue sir, I will be thankful to you.
Dr J C Vashista (Expert) 19 September 2014
Why did you give such an affidavit to the employer where you wanted to be relieved?
Of course, no business entity would like to depart its business secrecy retained/ operated by its employee(s).
Issue a legal notice for release of your salary/dues and wait for some time to join any of their (relieving organisation)competitor.
Guest (Querist) 19 September 2014
Dear Vashista Sir,

Thanks a lot for your early response and advice given to me. I was forced to give the affidavit by the HR manager of the previous company where he told me that he would release my dues only after submitting the affidavit.
Rajendra K Goyal (Expert) 19 September 2014
No reply to member (account deleted) ?
V R SHROFF (Expert) 19 September 2014
U willingly and voluntarily agreed upon;;
namak khaya;

Now you want to help it's compitator, after gaining knowledge of business from your first employer.
Your dishonest act deserved to be condemned.
The condition imposed and agreed upon is valid.
If you work for a competition company, you are harming your 1st employer.
do not be "namak haram" for your selfish motive.

You better ask a rise in salary from your 1 st employer.. if that is your problem to leve him..
V R SHROFF (Expert) 19 September 2014
mo wonder your a/c (account deleted) c LCI too
Devajyoti Barman (Expert) 19 September 2014
sorry no reply for account deleted .
T. Kalaiselvan, Advocate (Expert) 27 September 2014
I go with the stand taken by experts on such issues.


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