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Madhu Kiran Vantipalli   09 March 2018

restricting a employee to join in a competitor company after getting reliving certificate

Hi all,

Greetings!!!

please go through the below and suggest me.

one my friend is wokring with a company where he signed that after leaving the company he can't join in a competitor company for next two years.

But he relived frim his duties from his last company and joined in a competitor company.

is really this act will be stopping him to join in a competitor company.

And how he need to react to his last company if they issues a legal notice?


please clarify him and help him.

thanks.


Learning

 2 Replies

Ambanshu Sahni   09 March 2018

It is your fundamental right to carry out a trade or profession and no one can trample upon this right. The restriction of joining a competitor would not pass muster in a court of law. The contract act also provides for partial restraint, that too on account of goodwill etc, otherwise any contract in restraint of trade is void. If the other company issues a legal notice there is no need to panic, the law is on your side.

Warmly

Ambansh Sahni

7291090489

Madhu Kiran Vantipalli   09 March 2018

Thanks for your reply...

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