Dinesh Divekar
Business Mentor, Consultant And Trainer
[email protected]
Sme-hr & Employment Laws
+1 Other

there is one clause in terms and condition in appointment letter at the time of joining.
"Without prejudice to other terms and condition mentioned herein,it is expressly agreed that you shall not join any other institution/company/organization which is a competitor and /or is involved is similar business for remuneration or otherwise,minimum period of two(2) years and such two year period shall be computed w.e.f the day you seize to be an employee of our company either due to your resignation,willful absenteeism,termination,retrenchment or any other reason whatsoever."
so my question is ....i joined competitor then ...can company seize my service for 2 years ? what i will do for that ?

From India, Parbhani
Dear Sunil,
Inclusion of this kind of clause is contrary to the ruling given by Delhi High Court. To refer that post and download the details of the ruling, click the following link:
https://www.citehr.com/571397-delhi-...ml#post2321989
Thanks,
Dinesh Divekar

From India, Bangalore
Without Prejudice Hello, The clause is itself unconstitutional-deviate from the right to freedom precisely 19 (1) g. Regards, Gajendra Verma
From India
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