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unknown   25 August 2017

Company wants us not to work for one year

Sir we are employees of RMSI Hyderabad, and for security of our job we are hiding our identity.

We are working in RMSI Pvt.Ltd, Hyderabad since 1 year and their client is Apple India Pvt.Ltd. We Work on GIS (making Maps).

Previously when we joined the company we were asked to sign a contract which did not have any conditions regarding our future jobs, But now they are asking us to sign a new agreement. Which mentiones that we should not work for the same client even in other companies (Cognizant, TCS etc) and also not to work in that particular Maping field as GIS for the next 1 year after termination/ resignation. And if we say we will not sign the agreement they are asking for immediate Resignation.

GIS is Done Mostly by Apple & Google. So we are left with no option what to do now.

Please Help Us Please. And is this agreement legal, to stop us from working in that particular field and for the same client but from different company like TCS or Cognizant.

The Agreemet Copy is Attached for Reference.

 



Learning

 9 Replies

Siddharth Srivastava (Advocate)     25 August 2017

There are permitted agreements restricting competition for a specific area, or field and also to avoid deployment of work force as the company spents huge amount on training and education of its employees. In such case an agreement and bond are demanded by companies but putting a life time restiction is illegal and hence the agreement and bond as demanded by company is illegal. Sidharth 9811776422 


(Guest)

Yes , Such clauses restraining the employee is void and illegal that too an Addendum.,not tenable in the eye of law.


(Guest)

If you can think about your own interest for your own benefit by thinking to switch over to some better job with the same profile at the cost of competition to the company by any new employer, your employer has also the right to think in such terms to save itself from any future loss due to competition thrown open by any company by getting enabled by the ex-employees of your present employer.

If you don't have any ill-will or such intention, there is no harm in signing the agreement.

 


(Guest)

Well advised by all the experts and more particularly by Mr. Jigyasu in right spirit.

 

Kumar Doab (FIN)     31 August 2017

The fancies, fantasies, dreams, hallucinations, day dreams can stretch to any limits………and employers and attorney’s of employer in HR/Admin/Personnel/Legal cells and their master and employer are at liberty to have their own fancies, fantasies, dreams, hallucinations, day dreams…………

There are entities that work over time to support whims and fancies of employers.

These don’t, cannot, will not, prevail upon law of the land and precedence’s set by court of law in Republic Of India……….

Kumar Doab (FIN)     31 August 2017

At LCI also many loiter to allure employers……………….and even employees.

 

The Non Compete Clauses/agreements, hit right to earn livelihood and clause of Indian Contract Act………….   

 

There are many threads   in which the same query has been illustrated and supported with citations.

You may make use of SEARCH option and search in threads, News, Files, Articles…………….

 

Google search can also help.

You can also search at legal/court websites………….

 

There are many IT/ITeS employees unions and are embraced by trade unions and have done good job……………….

Get in touch with them.

Employee should be skilful in handling situations……….

Get copy of any agreement that you have signed or you are to sign.

Remain united.

 

Kumar Doab (FIN)     31 August 2017

At LCI also many loiter to allure employers……………….and even employees.

 

The Non Compete Clauses/agreements, hit right to earn livelihood and clause of Indian Contract Act………….   

 

There are many threads   in which the same query has been illustrated and supported with citations.

You may make use of SEARCH option and search in threads, News, Files, Articles…………….

 

Google search can also help.

You can also search at legal/court websites………….

 

There are many IT/ITeS employees unions and are embraced by trade unions and have done good job……………….

Get in touch with them.

Employee should be skilful in handling situations……….

Get copy of any agreement that you have signed or you are to sign.

Remain united.

 

Kumar Doab (FIN)     31 August 2017

Agreed with Mr. Adv.Balachander Reddy..........



 

Kumar Doab (FIN)     31 August 2017

Amount spent on training: might be a groud for asking for a service agreement and inserting liquidated damages, however may  not be a ground for Non Compete Clause/agreement.

The amount spent on training to enable the employee to handle the counters of employer should be without any cost to employee.

Does training provided by employer to is from some certified course from certified Instt and adds to your qualification....or some extra ordinary skill?

Take help of employees' unions/trade unions, a very able LOCAL senior counsel specializing in Labor/service matters....

 

 


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