Employee poaching
Querist :
Anonymous
(Querist) 28 April 2022
This query is : Resolved
My employer and my client has an 'No Poaching Clause' in contract. However, in my employment agreement, there is no such clause to join my client. I want to know whether 'No-Poaching' clause is valid in court of law and what repercussions can it have on me if I join my client without informing my employer.
KISHAN DUTT KALASKAR
(Expert) 14 May 2022
Dear Sir,
Section 27 of the Indian Contract Act, 1872 is not violated per se by the Non-Poaching agreement as it does not curtail the rights of any person to seek employment. This clause simply directs other employers/competitors to seek the consent of the past employers before hiring their old employees.
