Upgrad LLM

legal right for employee


Hello,

my husband is working in some private company in Nbfc sector.Recebtly he has resigned and also resignation have been accepted.The problem is his current company is wants him to sign a clause where he can't deal with any of thier clients which is not possible since it's Nbfc n thre is competion and if he didn't signed that page he won't get reliveing letter.

please guide us
 
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LEGAL COUNSEL

No. It is not valid even if he has signed such clause during employment. Post resignation there is no such question

 
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Advocate

The facts, as posted, lacks clarity.

 
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Retired Manager

Whether your Husband signed any service agreement at the time of joining. It is a normal practice for any commercial organisation to ensure that a person employed with them does not utilise the expertise/contacts after resignation and become a competitor. If you go to Court, you may get a judgement in your faour or against it may be after 5 to 6 years. Now what the employer is asking is that your husband should not contact the existing contacts of the NBFC,. Just give a delcaration that no such contact shall be made say for a year or two. It will solve the problem.

 
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