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Rajesha (Business analyst)     18 October 2010

Doing Business while employed in a co...

Dear members,

I am working in an organisation. The policy of the company is no to be a partner in any organsiation. Kindly advice me whether starting a firm without informing the company is illegal. Its very urgent



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 1 Replies

Deepak Shenoy (CS & LLB Student)     19 October 2010

Hi Rajesh,

It is common in most of the organisations having restriction on carrying  out alternate employment without taking prior permission of the company. The reason being, company expect you to devote your full energy and talent towards achieving organisation goals and other reason being safeguarging the intellectual property and secrecy of the organisation.

Further, there is a provision in Indian Contracts Act 1872 ( Sec 27) against the agreement in retrainst of trade. However, even Supreme Court opines that retriction on emplyees in retraint of trade during employment with the company is reasonable and these agreements are not hit by section 27 of Indian Contract Act 1872.


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