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shrihari (mgr)     07 August 2013

Employer not paying salary and demandg for under taking

I worked in a Ltd company from Mumabi as sales manager. ( i was working  with Pune Base company from same feild same proucts/ same customers for 9 years technical side)
I  resigned this company in Apr 2013, till today empolyer has not paid my legal dues and salary.

They want  an under taking stating i will not join compietor, ,

As our feild is very limited, and i can not give such under taking as i have already joined new company in the same feild ,

in my appointment letter one line was mentioned that i can not join any competetor for 24 months.

Now how to get my salary form this mumbai base company

please guide



Learning

 2 Replies

Kumar Doab (FIN)     07 August 2013

 

You have posted that:

 

“in my appointment letter one line was mentioned that i can not join any competetor for 24 months.

 

It shall be appropriate to show the appointment letter to a competent and experienced labor consultant/ service lawyer specializing in such matters and proceed under expert advice.

A trained legal eye and trained legal mind that has examined all statements and clauses verbatim and the merits can render qualified advice.

Your lawyer can opine on demand of the company to sign other agreements at the time of exit.

 

It is believed that you have not signed any service agreement to serve for a period of………………………months and you have not separated before the expiry of any such period.

 

 

 

Employee can not be restrained to join any other employer after separation and non compete clause amounts to restraint of lawful profession.

]

An agreement, which restrains anyone from carrying on a lawful profession, trade or business, is void to that extent. Under section 27 of the Indian Contract Act, 1872 agreements in restraint of trade are void.

 

 

Indian courts have consistently refused to enforce post-termination non-compete clauses in employment contracts, viewing them as "restraint of trade" impermissible under Section 27 of the Indian Contract Act, 1872, and as void and against public policy because of their potential to deprive an individual of his or her fundamental right to earn a livelihood.

 

 

The ‘Non Disclosure’, ‘Confidential Information’ “Database’ may stand as an exception and, its validity, may be upheld in post employment period.

 

There are many threads on similar subjects which you may find interesting e.g:

 

https://www.lawyersclubindia.com/forum/Legal-issues-in-joining-client-company-85262.asp#.UffhMNKAqWM

 

 

In the meantime you may go thru the attachments.

 

 

 

Kumar Doab (FIN)     07 August 2013

Attached.


Attached File : 311408323 417759075 validity of employment bonds.pdf, 311408323 background paper.pdf downloaded: 108 times

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