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Regarding to get releiving letter

(Querist) 26 September 2014 This query is : Resolved 
Please suggest

I want to relieve from my current post. As i can not complete the notice period i am ready to pay the amount for remaining notice period.

I do not have sign any type of bond at the time of joining to till date.

Now my boss is asking to sign a letter in which i have to bond that i can not join the Competitors and can not join the clients.


Please suggest the solution
Kumar Doab (Expert) 26 September 2014
Has your boss asked to sign any such BOND in writing?


Do you have any evidence that you have been asked to sign the BOND (audio/visual/witness)?

Has your boss given you any copy of such BOND and have you shown it to elders in the family, Labor Law Consultant/Service Lawyer.

The lawyer that has seen the copy can advise you the best.


Apparently you are being asked to sign Non Compete Clause/agreement.

If it is infect a Non Compete Clause/agreement then:::::


The Indian courts of law have consistently been declining to enforce Non Compete Clause/agreements.........................since it hits the right to earn source of livelihood, and clauses of Indian Contract Act................


However the BOND may contain other clauses too that may be detrimental to your interest.........................therefore the lawyer that has examined it verbatim can advise you the best.



Are you a member of any employee's unions, Trade Unions?




Rajendra K Goyal (Expert) 26 September 2014
You have resigned, do not sign such Bond as this was not a condition of appointment in the company.
Raj Kumar Makkad (Expert) 02 October 2014
I do agree with the experts.


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