Employee agreement

shweta (Querist) 03 March 2016 This query is : Resolved
my brother and I are both engineers,my brother works in a company wherein he was compelled to sign an agreement stated that neither he nor his family members/blood relations can indulge into similar trade as that of his company.
now I want to start a company of dealing with similar kind of business. will I be able to start a company of that sort??
moreover if not I have a question that how can he can he mortgage my rights of bread and butter??

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Guest (Expert) 03 March 2016
Depends upon the language of the agreement. So, can you reproduce the extract of the exact clause of the agreement, which you are pointing out?

Shashwat Shukla (Expert) 03 March 2016
Without looking into the agreement clause, it will be difficult to sort out ur problem.

P. Venu (Expert) 04 March 2016
The company can bind only your brother, their employee; but not any one else, relatives included.

The agreement, even if executed, is void from its nativity.

Rajendra K Goyal (Expert) 04 March 2016
Full language need to be referred, if your brother can not start similar business, he should challenge the same.

Adv. Yogen Kakade (Expert) 04 March 2016
Your brother may loose his job.. And if he does, tell him to defend himself strongly mentioning that he has no concern with you or your business.

Dr J C Vashista (Expert) 05 March 2016
Being an engineer he must have gone through, read and understood the implications of contents of the agreement. Why did your brother agree for the clause of putting a restriction on entire family/ blood relation for similar business? Has he been authorised so?
Show the copy of agreement to some local prudent lawyer for proper analysis, opinion, advise and proceeding.