LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kunal K   09 November 2016

Non compete notice

Hello All,

I was working with an organization for more than 5 years that I quit 3 months back after serving the notice period and getting my reliveing letter. The company Head called up last week and threatened me that he is sending a legal notice that I am currently working for a competitor. I did sign all the general documents in my previous organization for Non-Complete, NDA etc..

He mentioned that he will send a legal notice asking me to resign from my current post, pay for their legal charges. I am expecting the notice to come sometime this week.

Can you advise if Non-Compete is actually valid in India, given I am not holding any stategic post.

Really waiting for any advise/opinions.



Learning

 4 Replies

Kumar Doab (FIN)     09 November 2016

Do you have copy of all such general documents? {"I did sign all the general documents in my previous organization for Non-Complete, NDA etc.."}

 

Demand authenticated copies of all such copies from establishment.

Recored all calls.

 

 

Kumar Doab (FIN)     09 November 2016

Indian Court have consistently been declining to enforce Non Compete clauses/agreements as it violates Right to Earn Livelihood and provisions of Indian Contract Act.

Jai Karan Nagwan (consultant)     10 November 2016

Right advised by Kumar, this is agaist the spirit of Section 27 of contract act.

Kumar Doab (FIN)     10 November 2016

NDA  can be of concern.

However as already posted;

Do you have copy of all such general documents? {"I did sign all the general documents in my previous organization for Non-Complete, NDA etc.."}

 

Demand authenticated copies of all such copies from establishment.

Recored all calls.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query