Implementation of Non-Compete Clause

Querist : Anonymous (Querist) 07 April 2016 This query is : Resolved
Hi,
I joined my current organisation in Dec 2008. The joining letter I signed at that time did not have the Non Compete clause.
In past few months many employees including people from top management joined a competitor and they were not bound by that clause because it was never rolled out.

All of a sudden we received an email stating that with immediate effect i.e from 1st of the month non compete clause is implemented and it has been agreed that existing employees cannot join list of competitors for period of 1 year post termination of job due to any reason, else, the employee will be penalised appropriately.

My query is

1. Does any such clause exists, if so, can it be implemented without consent of employees and can it be directly imposed upon them. I.e. without signing any docs?
2. Are outsourced companies or BPO/KPOs bound to this law?
3. Can a employer penalise employee without signing any non compete related doc?
4. How do I tackle the issue?

Looking forward to get proper guidance on my queru.

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