Validity of restriction imposed on post-resignation
Dharmarajiyer
(Querist) 01 August 2015
This query is : Resolved
I am presently serving under probation.
In offer letter(which I signed) there is no mention of restriction of employment post- resignation .
However it has been written in the employment appointment letter (which I have signed ) that - After resignation I cannot join in /under another "specified " employer or entity for "specifed" period . To what extent it is enforceable . is it legally valid ?
P. Venu
(Expert) 02 August 2015
Who is this 'specified' employer?
Kumar Doab
(Expert) 02 August 2015
The response of employers and its attorneys in HR/legal cell even Line Management is usually, that employee has signed the acceptance of T&C inserted in appointment letter (after the issuance and acceptance of offer letter ) drafted by employer, is by free will of employee and employee can not step back or complain now!
The question arises why employees have no other option than to sign and suffer, later?
The answer is as simple as that while employers have united and even formed associations in states like AP etc, employees that have traditionally been united and had unions have simply been staying away from unions.
Whereas form the student times, everyone should take part in associations, unions and be properly informed and be supported by peers, associates and unions!
Are you aware that ‘Works Committee’ is an authority as per ID Act? And its President is from employee’s side and it has equal number of members from employee’s side?
THE INDUSTRIAL DISPUTES ACT, 1947
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.
http://pblabour.gov.in/pdf/acts_rules/inustrial_disputes_act_1947.pdf
Then there is provision of negotiation of service conditions by Employee’s Representatives/Employee’s Unions/Trade Unions!
The unions have done commendable job even in sectors like IT/ITeS which had initially stayed away from unions and are now active due to exploitation and harassment.
The answer lies in joining hands and staying united.
Employee should always retain access to able lawyer.
YOU ARE PROBABLY REFERRING TO ‘NON COMPETE CLAUSE/AGREEMENT’!
INDIAN COURTS OF LAW HAVE CONSISTENTLY BEEN DECLINING TO ENFORCE SUCH CLAUSES/AGREEMENTS SINCE IT HITS THE RIGHT TO EARN LIVELIHOOD AND CLAUSES OF INDIAN CONTRACTS ACT.
You may show all docs starting from job advt.,job applications,interview call letter, selection letter, offer letter, appointment letter and all clauses mentioned in it, HR policy/service rules etc mentioned in appointment letter, notice of resignation/resignation, all communications from company etc to an able labor law consultant/service matters lawyer/law firm and give inputs in person and proceed further under expert advise of your lawyer.
Rajendra K Goyal
(Expert) 02 August 2015
Consult local lawyer dealing in service matters and show him all the papers.
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
Though it appears to be legally binding, most of the people fly such conditions in air, the employers watch them helplessly.
