Non-compete Clause With Employees
Description
How to fill out Sample Noncompete And Confidentiality Clauses?
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FAQ
In other words, a non-compete agreement remains in force whether the employee quit, was fired, or laid off. However, the reason for termination can be a factor when seeking to enforce a non-compete.
Q: Can I work for a competitor if I sign a non-compete agreement in India? Ans: Indian law prohibits non-compete clauses, and they may not be enforceable. In agreements containing such non-compete clauses, former employees are usually disincentivised from joining their competitors since they are unenforceable.
From an Indian legal perspective, the Non-compete clause is prohibited under the Law of Contracts. Section 27 of the Indian Contract Act-1872 provides that - Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void.
compete clause is a provision in an employment agreement to prohibit employees from engaging in a similar business or profession during the course of employment or following the termination of employment for a specified period of time in order to protect the employers' business.
In general, if In addition, the employer has the legal right to sue you in court, seeking monetary damages and an injunction against you. However, the court will only order that you are prohibited from working for a competitor for the duration of the clause in highly unusual circumstances.
