Adopt Autograph Non-Compete Agreement Template For Free

Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.

Post-termination non-compete clause is included in employment agreements wherein an employee agrees not to compete with his or her employer in any way following the termination of employment.

compete agreement is only used between an employee and a business to specify who may hire them should they leave the company. An NDA is much broader and is used to protect any personal or businessrelated information that one or both parties want to remain confidential.

Injunction (Stay): The employer may seek an injunction from a court, prohibiting the employee from engaging in any activities that breach the non-compete clause. Damages: The employer may also seek damages from the employee, as compensation for any losses suffered as a result of the breach of the non-compete clause.

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.

Non-compete clause is prohibited under the Law of Contracts. Section 27 of the Contract Act provides ? 'Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void'.

Yes. Your employment contract is legally binding like any other contract signed by you.

The Hon'ble Supreme Court of India in Niranjan Shankar Golikari v. Century Spinning Mills[2], upheld the Non-Compete clause of the employment contract thereby preventing the shift supervisor, i.e., the employee from joining the competitor during the term of the employment contract.

Even if there is any such contract, such contracts are void in respect of particularly those terms. The Hon'ble Supreme Court of India in numerous decisions has held that an employee can join any company he wants. It does not matter whether such company was a client/ competitor.

Unlike some jurisdictions, the UK permits non-competes without the need for any payment of compensation to be made to the employee during the period for which they are restrained from working.