I joined company on 6th Feb, 2015 an old reputated company with around 3000 cr turnover and 1000 cr profit. I was not given appointment letter and told I will be given at the time of joining. On joining they served me appointment letter which had non compete agreement as below.
In order to protect the companys confidential and proprietary information to which I shall have access to, especially at my level of seniority, I agree and confirm that for a period of two years from date of termination or cessation of my employment agreement, I shall not, without written permission of the Company, engage myself in any company, firm or concern and / or be concerned in and / or set up or abet, the setting up of, any business, profession of avocation, which is similar to and/or directly or indirectly competes wtih the business of the company and/or any of its companies and / or firms associated with the company.
Incidently, I am in same line of business for 16 years (total 19 years experience) as the company value proposition is (they are in this from 6 years) and this clause does not help me because I am getting similar assignment.
I told HR Manager, that the above clause is very open ended and Indian court does not hold this valid, he agreed but said this is done for all employees from junior to senior and he cannot change this for one individual.
What are my option, in case company says they cannot have without compete agreement signing, can I claim damges from them for incovenience and uncertainity put on me due to their first not sending such thing in advance and to what I can claim.
Indian society provide Patent, Confederatio of Indian Industry and Nasscom etc to influence govt policy, why they want to put these clause which are not valid in court and cause people trouble.