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Sandeep   27 October 2018

Can i join competitor when project moved to other company?

I am working in current company(XXX- IT company) in India and the project is now moved to other company(say ABC). The new company(ABC)wants to hire me and they have issued me offer letter with good package.
My current company policy is saying I "shall not provide service any of XXX's client(on same project)with whom they have been associated in the preceding one year from the date of separation"

I don't remember now which documents I had signed when I had joined 15 years back.
However offer letter says associate should follow the policy time to time uploaded on company portal.

My question is that -
I know company may send a legal notice. But will they take me in court?
If they take me in court, what is the chances of winning the case or any other possible cases?
Please help me here. Thanks in advance.

Below is the policy snapshot--
"While employed with XXX(current company) and a period of one year thereafter, associates shall not solicit and shall not provide services to any of XXX's client(on same project)with whom they have been associated in the preceding one year from the date of separation from XXX during the tenure of employment with XXX and after the cessation of employment, the associate is responsible for safeguarding XXX's business and confidential information including its customers' names and other business details, information regarding technical, trade or business data."



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 1 Replies

Murtuza Bohra   27 October 2018

Yes this kind of clause is legally valid and binding on the employer. this is commonly called as non compete clause. If you breach its terms you can be sued in court and your employer may ask for damages from you. so please take necessary legal advice before joining.

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