abhishak (Sr. Pre sales Manager) 26 September 2014

Relieving letter withheld

Dear Members,

Kindly help me out with an answer / you may say a solution to what I am facing currently in my firm.

At the time of joining I had not signed any kind of SLA or any bond saying that I cannot join a competitor company after resigning from the current one. Due to some issues in the company I decided to resign and the environment had been demanding the same from me as they were not able to afford my salary too. Now when I have resigned the HR has reverted with a clause saying you cannot join a competitor company for next 3 months and it falls under the company policy.

But, my question is ... When I have not signed any such policy/ SLA how can they come up with such statements just when its 10-15 days left to my notice period in the current company.

Please find me a solution at the earliest!

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2 Replies

Hardeep (Business) 27 September 2014

They can't. Keep track of all documents and communications, responding to each correctly. Document every step till your full and final, experience letters and references.

If problems get the top management involved and speak to a local labor lawyer.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kumar Doab (FIN) 27 September 2014

The NON COMPETE clause/agreement may work while in employment with the same employer however the Indian Courts of Law have consistently been declining to enforce NON COMPETE clause/agreement, post termination of employment as it hits rights to earn livelihood and clauses of Indian Contract Act.

Has the HR stated the demand in writing and has it supplied the published version of company policy?

Don't remain entangled with HR, Line Managers and escalate to good offices of appointing authority, MD................................

If you are not able to handle the matter on your own...........................................seek help from employee's/Trade Unions ........................................Labor Law Consultant/Service Lawyer.