Employee poaching

Querist : Anonymous (Querist) 28 April 2022 This query is : Resolved
My employer and my client has an 'No Poaching Clause' in contract. However, in my employment agreement, there is no such clause to join my client. I want to know whether 'No-Poaching' clause is valid in court of law and what repercussions can it have on me if I join my client without informing my employer.

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KISHAN DUTT KALASKAR (Expert) 14 May 2022
Dear Sir,
Section 27 of the Indian Contract Act, 1872 is not violated per se by the Non-Poaching agreement as it does not curtail the rights of any person to seek employment. This clause simply directs other employers/competitors to seek the consent of the past employers before hiring their old employees.

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