Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Cite Contribution
Community Manager
+1 Other

Hi, I work in a s/w service based company. This company has a set of clients, and on joining to this company in 2006, they made an agreement with me that I would not be joining to any of the client in 12 months after termination from this company, no matter what kind of termination is. My client is now ready to hire me and I am the last employee working for that client. Can I resign from this employer and join in the client company, which is also located in bangalore india. The client's parent company is in USA. Will the client be a client of my employer even after I resign from them?
The client said that they are very sure that the client company is not ready to replace me with any other in my company. Please help me with proper direction.
Greetings,
Can you share the part from the document which mentions the non-compete clause ?
Here's a discussion on why such a clause might not be valid NDA & NCA - Appointment letter
We need to read what the clause mentioned to be able to suggest you
I fully agree with Ms. (Cite Contribution) until and unless the terms of the NDA/NCA agreement is not known to the forum it will be hard to advice you. If the terms has legality covered then they can take appropriate action against you.
So it is advisable to go through the terms mentioned in NDA/NCA agreement signed by you before resigning/or taking any decision
I would like to take you the following link where a similar discussion had taken place.
Please follow the link.
https://www.citehr.com/343871-restri...ompetitor.html
Madhu.T.K
Hi himesh
As others stated, without having details of your agreement, giving an answer is difficult.
However, from my experience, the agreement seems fair and enforceable.
The client does not (from point of the ndnc) stop being only just because they stopped doing work with that particular company.
While legal action in India may take a long time, it's not a thread or distraction you need on your head when you are trying to build a career or do good work.
In addition, I suspect your current company will put you on nasscom blacklist and make it difficult for you to find a job later.
The best option would be for your client to negotiate directly with your company to get a noc allowing you to join. If they really want you,,they would be willing to pay a small premium to the company to release you from the agreement
Actually, the Contract Act is so very clear on this concept and irrespective of what ever the details of the clause mentioned in the agreement, if the gist of the clause concludes what you have explained above, then yes it is legal and you can not join the client of the company, since the word being after termination is also so explicit in nature, it is very legal even the time being reasonable as per law...........
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