01 June 2012
Our Company is appointing a Additional Director to provide technical advisory on following terms and conditions: 1. He will not give advisory to any other Company except our company. 2. He will not start business in the same field after leaving our company upto 2 years (non compete agreement).
Can anybody provide me format of such agreement. Its Very urgent.
The matter is not tough and any advocate can write non compete agreement. the only restriction is that is should not be contrary to section 27 of the Indian Contract Act. It should not hit MRTP Act and it should not over rule the provisions of The Competition Act. Further it should not be contrary to provisions of Constitution against freedom of Trade and commerce. Some other laws also be considered.