I am resign from my current organisation my last working day is 22 Oct 2016, but now a new clause is added to my resignation acceptance that " by signing this letter you accept that you are not going to join any business competitor for next 6 month" can a company add this type of clause at any point of time. I am not accept this letter and refuse to sign as I am going to join the same line of business with other organisations. Please suggest me what to do
From India, Delhi
From India, Delhi
630
Dear Dev,
Earlier, I had shared link about verdict of the Delhi High Court on the subject above. Click the following link to refer it:
https://www.citehr.com/571397-delhi-...n-compete.html
Going further, terms and conditions of the appointment cannot be changed at the time of accepting letter of resignation. Terms and conditions of employment are included in the appointment letter. In case if employer wanted to change the conditions of employment then they could have issued separate letter to the employee. However, it was not done in your case. Therefore, at this stage, first have smooth exit from the company. Join the competitor if you wish to. If they send you lawyer's notice then you may quote the above ruling by the Delhi High Court.
Thanks,
Dinesh Divekar
From India, Bangalore
Earlier, I had shared link about verdict of the Delhi High Court on the subject above. Click the following link to refer it:
https://www.citehr.com/571397-delhi-...n-compete.html
Going further, terms and conditions of the appointment cannot be changed at the time of accepting letter of resignation. Terms and conditions of employment are included in the appointment letter. In case if employer wanted to change the conditions of employment then they could have issued separate letter to the employee. However, it was not done in your case. Therefore, at this stage, first have smooth exit from the company. Join the competitor if you wish to. If they send you lawyer's notice then you may quote the above ruling by the Delhi High Court.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi!
Don't worry they did it out of fear that you might disclose all the information to other company regarding processes and clients.
Please make sure to have a smooth transition from your side then you won't face any kind of difficulty.
From India, Pune
Don't worry they did it out of fear that you might disclose all the information to other company regarding processes and clients.
Please make sure to have a smooth transition from your side then you won't face any kind of difficulty.
From India, Pune
Hi Dinesh,
Thanks for your reply. I talk with my HR regarding this and he told me that if I don't sign this document they will create problems in my full and final. As per my appointment letter my notice period is 30 days which I already serving and my salary of last 45 days is already on hold by company. Please suggest what to do.
From India, Delhi
Thanks for your reply. I talk with my HR regarding this and he told me that if I don't sign this document they will create problems in my full and final. As per my appointment letter my notice period is 30 days which I already serving and my salary of last 45 days is already on hold by company. Please suggest what to do.
From India, Delhi
Wonderful approach by Mr.Dinesh Divekar. I also would have suggested the same. Wishes for Dev. 013509
From India, Thane
From India, Thane
Dear Dev,
Sh Dinesh Divakar has rightly mentioned about the Delhi High Court judgement where such condition has been held to be illegal. If they haven't mentioned such condition in your appointment letter initially, their such action at this stage is unjustified and improper. You can obtain a complete copy of the judgement and write to them that if they hold your full & final settlement, you Will move to the court for reliefs.You can give a copy of the judgement for their perusal and action.
BS Kalsi,
Member since August, 2011
From India, Mumbai
Sh Dinesh Divakar has rightly mentioned about the Delhi High Court judgement where such condition has been held to be illegal. If they haven't mentioned such condition in your appointment letter initially, their such action at this stage is unjustified and improper. You can obtain a complete copy of the judgement and write to them that if they hold your full & final settlement, you Will move to the court for reliefs.You can give a copy of the judgement for their perusal and action.
BS Kalsi,
Member since August, 2011
From India, Mumbai
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Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg