Employee or for that matter anyone should always trust whom: Elders in the family, competent and experienced well wishers…….
Employee or for that matter anyone should always CONSULT whom: OF COURSE Elders in the family, competent and experienced well wishers………..Employee’s/Trade Unions Leaders, Labor Law Consultant/Service matters Lawyers
Should employee sign on the dotted line without consultation: NO
Should employee demand in writing to modify the document ,T&C, clauses and its language as suitable to him/her::::YES
Should employee sign on the dotted line without keeping a copy : NO
Should employee demand to provide ON THE SPOT copy of document signed by him/her::: YES and under proper acknowledgment with seal and signature and date…….
Should Employee form unions, become member of Employee’s Unions/Trade Unions :YES
Should students form unions, become member of Employee’s Unions/Trade Unions :YES
Should parents encourage children/students to form unions, become member of Employee’s Unions/Trade Unions :YES
WHOM EMPLOYEE SHOULD NEVER TRUST BLINDLY;;;;;;EMPLOYER AND ITS ATTORNEY’S IN LIEN MANAGEMENT , HR CELL, LEGAL CELL………………………COME WHAT MAY….
The above is not a sermon but a MUST TO DO.
If you fall in legal traps who shall be affected::::: you, your career, your parents, family members, spouse, children, relatives, sureties, guarantors, etc…………… and it shall poke a hole in your pocket too………………..
Do you have a copy of the documents/forms/emails that you signed before and after signing for Visa, leaving for abroad, coming back from abroad…….
The Non Compete Clause/agreement was signed in India or Abroad………………………..and the domain covered was India or Global?
Did you work for the employer there and fetch revenue/profits of employer while abroad or you were there for some training?
Did you sign some other clause/agreement on Trade Secrets/IPR/Non Disclosure etc too?
What is covered in email sent to you Non Compete only or others too?
The Indian Courts have consistently been declining to enforce Non Compete Clause/agreements since it hits the right to earn livelihood and clauses of Indian Contracts Act…………..
You should preferably take the email sent to you alongwith all docs on record to a competent and Experienced labor Law Consultant/Service maters lawyer/law firm well versed with such matters…………………………and let your lawyer draft and structure the reply so as to build favorable written record under proper acknowledgment………………..
