Assistant Manager Hr
Asso.prof.(commerce & Management) Pg
Soft Skill Trainer / Hr Consultant - India
Labour Law Advocate
Consultant In Legal Matters
Senior Executive Vice President - Hr &
7th April 2015 From India, Bangalore
7th April 2015 From India, New Delhi
7th April 2015 From Indonesia, Jakarta
7th April 2015 From India, Vadodara
There's no need to worry.
Let me tell you some thing very important of this era.
Some employer donot want an employee to join any other organization especially competitors.
For this purpose, they offer a plan called "Stay Period" which may be 1 month upto several years after resignation from organization
In this case employer will pay you full salary during your stay at home for a defined period after you can join any organization as per
During stay period, employer want to obselete the knowledge, skill you acquired during employement with him.
During stay period your can not work with compititor or any organization doing same type of business and you get full salary from
previous organization during stay period.
However you can join any other organization with different type of business after in written permission from previous organization but
stay salary will be no longer available to you.
Now in your case, as your friend contract with the employer does not contains such clause - thus no worry.
The employer can not do any thing unless he have proofs that you disclose his business secrets with the competitors.
7th April 2015 From Pakistan, Islamabad
Is there a HR department in your compnay? If yes, the manager cannot directly discuss these points with the employee.
There might be a case that this is just the ego of the manager not to let go the employee, hence he is being difficult. Check if this is the case?
If HR also takes the same stand with your friend, then ask your friend to write a formal letter to HR that as per the clauses mentioned in his appointment letter & subsequent applicable policies, he is not restricted from choosing his own will of next job. In case the existing compnay wants to pursue legally, then it would be unfortunate but he would have to respond accordingly.
Though, he should be ready to sign any non-discolosure agreement with the current employer, if asked by the HR. Ask him to mention this point in his letter as well.
In any case, the professionals have contacts throughout the industry. If your friend is joining to competitor, then surely someone from your company would have influencial contacts there. If he leaves at a bad note, then it may harm his first impression at the next job through bad references. So, ask him to handle this matter professionally & not to take things personally.
8th April 2015
9th April 2015 From India
citizens of India and this Article allows the citizens the right to practice any profession or carry
on any occupation, trade or business subject to reasonable restrictions in public interest. Thus,
any restriction on this fundamental right of any citizen goes against the protection granted
and guaranteed in the Constitution.
Employers in order to retain talent try to twist arms of employees by putting negative covenants-example "You are not allowed to join the competitors firm (i.e. having same product) for at least two years after leaving this company."
To my mind such agreements are void and have no legal effect.
But employees should equally remember that when you leave your employment do it in legal and documented manner.
But I read here so many cases of people abandoning jobs or leaving by sending emails from personal ids and not even acknowledged by HR.
That will be a recipe for trouble.
New employer will also not appreciate such actions.
10th April 2015 From India, Pune
Can this pose any trouble to him in future?
16th April 2015 From India, Bangalore
17th April 2015 From India, Bangalore
1. Can employer demands affidavit from employee as condition for issuing relieving letter " He /she will not join to companies vendor or competitor after getting relieved for the period of two years.
2. If this is condition of mentioned in appointment letter, and relieving is coming out of contract of employment; is it legal as per contract act ?
3. Can employee go to labor office and file dispute after getting relieved, that this is "unfair labor practice"?
15th January 2016 From India, Pune
Such clause asking an employee not to join any company after cessation of employment is illegal.
I wrote a blog post on the similar issue few days back. You can check it here - https://labourlawhub.com/2016/02/19/...ts-competitor/
16th April 2016 From India, Kolkata