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This is ayush . I am working in a small firm. I was working engineer -support for one of our client. Now that support is over . This client company has offered me very good and career boosting opportunity to work with them. I am also looking for same kind of offer since our company has nothing specific for us now ( reason: recession and no new projetcs)..
The offer is actually irresistable for me but the problem is that in offer letter of the company ( the 1 in which i am currently working) it was mentioned that i will not work with any of the clients.
But now i feel that i don't want to miss this opportunity as there is hardly any skill related work in my curent company..
The people who want to hire me are very much happy and willling to take me in their company..
Please suggest me...How can i avoid any further comlications........:?:

From India
its amusing. how can a company say that u cant work for clients. once you resign from the present company you r a free bird andd at liberty to join wherever you like. all the clauses in the offer letter are applicable as long as you r an emp of the company. the moment your resignation is accepted you are fre from all liabilities. so simply go ahead and grab the opp.
From India, Madras
Thanx Balaji for u quick response..
I guess my problem is bigger that it seems.... Following is the clause in my current comany's offer letter:
Non-Compete Clause:
When a employee is engaged in providing services to an end customer, the employee hereby agrees not to work for customers of our company directly or indirectly for a period of 6 months after a company ceases to have contract with the customer or the employee ceases to be employed with us whichever is earlier..
Now what are the possible consequences????????????????????

From India
still, i beleive they cant stop you from joining your choice. see they can put clauses as per their comfort. but these wont stand in a court of law.
this topic already discussed in this forum under "Employees joining client's co."heading. go through . thism may be useful to you.

From India, Madras
hai ayush
make sure what ever you are going to the new company offer is genuine.and has enough skills and there is improvement in your career....
and coming back for the company i wonder there is no such a rule for the employees does not work with other clients.....
it should check n current company policies.............
this is a recession time ...according to current situation in market...........
should think twice before leaving the company....

From India
Hi Ayush
To be on the safest side - you can put in your notice period with your current company & complete the full hand over process (with full co-operation) & get relieved.
On getting relieved from the current company - please collect a Relieving Certificate from your current employer specifically mentioned "We have No Objection towards you seeking employment or assignment anywhere with any company henceforth"
This will safeguard you even for any future development or amendments in employment laws & you are for sure about you legal relief as well.
All the Best for you career progression.
Purvesh Kapadia

From India, New Delhi
All appt letters carry such rider clauses. But no cause for worry if you are properly relieved by the present employer.
From India, Lucknow
Even the Non-Compete clause states that you cannot join the customers within 6 months of cease of contract with the present company, its not a possible way that they can stop you.
So, you may be able to join the company (new) and you may proceed.

From India, Madras
Such clause are there in almost all appointment letters where employees work with clients. This is because you should not share any vital company information which you may have come to know etc...But if your joining this client company will not render any loss to your present company then they may not file a case against you . But this is something you need to decide:
1 - You should know why the client company is so keen on hiring you,is it because you are good at your job or because you can share some confidential info ?
2 - Is there any opportunity which may arise in future where your roles and responsibilities will demand you to work against your present company's interests ?
If yes,then be careful,you are ethically doing wrong and bound to face legal action. If not,then your present company will forgive you wherever you may join. It is always a good idea to leave a company on good note and keep the doors open...

From Korea, Seoul
Dear Ayush,
Such clauses exist in most of the places.
But you have a valid reason - no projects in your current company and the client company knows your skills too. I think you current company was just providing support services.
However - please quote the clause in yoru appointment. Is it during your tenure with this company that you are not supposed to join your client, or even after you resigning you are not supposed to join.
be careful - becuase in my first co - in a leading IT/ITES company, wheer we provided offshore recruotment services, my team lead was approached by our US client. She - did a mistake by forwarding her resume from her official mail. It was trackedf by our Ops manager.
She is now undergoing legal consequences...and the worst of all - her photo was put up on the notice board with the details of the so called offence.
She was and is still a great resource - but this humiliation is something that hurt her image on the whole.

From India, Madras

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