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Prajan (IT engineer)     21 November 2024

Current company restrictions to join third party of client

Hello all,

 

I am currently serving my notice period in a Indian MNC and working for an U.S client . Client is leaving this company and moving to a new vendor which is not a big mnc like my current company . I have received offer to join the new vendor and decided to join them . 

My current company has forced me to join a notice in a sheet a paper stating that I should not join client or third party of client for next 6 months and they may take legal actions if I join . I didn't have this non compete in my offer letter but signed it in a separate sheet just before month of relieving this company as the HR's started to threaten me and stop the exit process if I don't sign . 

 

Is this signed document valid ? Generally a non compete like this should be signed while joining but in my offer this is not mentioned in any means . Also from the new company they assured to take care of this if any issues arise .

 

Please advice if I should stop joining new company , can my current employer take any legal actions with the notice signed now ?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 November 2024

You can very well join the client company after having been relieved from the current company.

In view of section 27 of contract act you cannot be restricted from exercising your rights to employment. 

The company cannot sue you anymore when you are not bound by their rules post getting relieved. 

Moreover this condition was forced on you subsequently and was not a part of original employment terms and conditions. 

You can join the client company. 

Real Soul.... (LEGAL)     22 November 2024

Since you have signed non-compete letter you have to abide by that


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