Industrial Relations And Labour Laws
Senior Officer - Hr
Asso.prof.(commerce & Management) Pg
It has also been held that it is well settled that such post termination restraints under the Indian law is voilative of section 27 of the contracts act.
In another case, the Delhi high court has held that the rights of an employee to seek and search better employment are not to be curbed by the court through injunction orders, even on the ground that he has got confidential data of the employer.
11th February 2016 From India, Chennai
We are not looking for clause wherein we are not allowing the employee to work in same type of organisation after separation
What we want is to secure our clients which have been given or generated while being in employment. Its general practice to leave the organisation and then call the same set of clients where the employee has been working on. Specially in Sales profile .
There is lots of money and company resources being spent to generate inquiries and get any customer on board. How can that be allowed to slip away just because the employee working on it has left and joined a similar trade.
Non-Disclosure , Non Competent & Non-Solicitation Agreement
Its a direct loss to company. Please share if there are any rulings on this
I would appreciate your efforts.
11th February 2016 From India, Delhi
In a Non Disclosure Agreement, you can incorporate such clauses that will ensure confidentiality in all operations. The agreement shall also contain a clause that the data collected shall be a property of the employer and the employee should transfer the entire data in any form including the knowledge to another person while he leaves the company or the department due to any reason including transfer or resignation. With this the employer will be able to collect all sources from the employee while he is leaving in hard form though he cannot take out the brain and drain the knowledge out.
11th February 2016 From India, Kannur