Kunal K 09 November 2016

Non compete notice

Hello All,

I was working with an organization for more than 5 years that I quit 3 months back after serving the notice period and getting my reliveing letter. The company Head called up last week and threatened me that he is sending a legal notice that I am currently working for a competitor. I did sign all the general documents in my previous organization for Non-Complete, NDA etc..

He mentioned that he will send a legal notice asking me to resign from my current post, pay for their legal charges. I am expecting the notice to come sometime this week.

Can you advise if Non-Compete is actually valid in India, given I am not holding any stategic post.

Really waiting for any advise/opinions.

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4 Replies

Kumar Doab (FIN) 09 November 2016

Do you have copy of all such general documents? {"I did sign all the general documents in my previous organization for Non-Complete, NDA etc.."}

Demand authenticated copies of all such copies from establishment.

Recored all calls.

Kumar Doab (FIN) 09 November 2016

Indian Court have consistently been declining to enforce Non Compete clauses/agreements as it violates Right to Earn Livelihood and provisions of Indian Contract Act.