Service agreement

---Secondary evidence may be given of the existence in certain conditions;

---The validity of Non Compete Clauses during period of employment with same employer with whom agreement has been signed is valid.

Post termination of employment: 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.

 5 Years is a long time.

There has to be sound rationale for putting a restrain for such a long period of time.

It shall be appropriate to show the agreement to a competent and experienced labor consultant/service lawyer having expertise in such matters. The lawyer who has gone through the contract can advice you the best.