Dinesh Divekar
Business Mentor, Consultant And Trainer
It Consultant
+2 Others

Here is situation. I am on PR in Canada- toronto city. and working for major Indian IT Consultancy firm (TCS).

I have an offer my current client but in different department/business line. I dont directly worked with them but I have applied online through client job opportunity website and they interviewed me and provided offer.

My client has confirmed they dont have any non-compete or other agreement which can prevent them to hire me as an employee. But I have signed one non-solicitation agreement as below. Will this hamper me? will this invite legal action from TCS? Please advise asap.

I am worried about Point.

9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:

(a) solicit or accept employment as an employee or independent contractor, with any customers of the Company for whom I was assigned responsibility to support Company’s engagement at any time during the term of my employment with the Company.
Cite.Co is a repository of information created by your industry peers and experienced seniors made possible with help from our prime sponsors like:

TALENTEDGE Who provide a platform for "interactive anywhere learning". Courses from top reputed institutes like IIM, XLRI, MICA. View Courses

FACTOHR - Provides Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS that can help streamline your organisation. Explore Features

Register Here and help by adding your inputs. Contributions From Other Members Follow Below...
Were you able to get some advise\resolve this?
You will be in contravention of the agreement with M/s TCS as per what i can make out.
Whether TCS will take legal action is a matter which only company can comment.
Dear Rajulita02,
A company like TCS will have hundreds of clients. Average employee might deal with clients but only a few of them and not all. Against this backdrop, how you would know that particular company, where you have applied for the job could be TCS's customer?
Secondly, as you say, you have not dealt with them directly. Then where is is the question of solicitation?
Thirdly, you say that your work will be different from the the work the work that you will do in future. In that case, TCS should not have any problem. However, this could be only the secondary defence.
Lastly, earlier I have posted on this forum ruling by the Delhi High Court. Click the following link to refer it:
From my point of view, you may go ahead and give resignation. No need to disclose to TCS, which company you will join in future.
Dinesh Divekar
Mr Dinesh,
Querist is aware that the new employers is TCS client and he was servicing them.
""I have an offer my current client but in different department/business line.""
No issues, you can just enquire the current company collegues that any of them joined at client place from your company. And the same ask at client place.
If no references found to enquire just check with your manager or HR. Whether its fine for them or no, but if they say ok then get an approval for ready reference to not get any issues in future.
Add Reply Start A New Discussion

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2019 Cite.Co™