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Hardworking employee
Dear Sir, I am working with a pharmaceutical company as representative and the company is based in USA as well as in Ahmedabad. Company pays good amount of incentives and on the basis of that company has made me sign a contract that I cant work for anyone in the same field after leaving this company and now company is also holding on to the commision as in the contract they mentioned that the commision will be at company's discretion and will be paid when company feels to pay that.

And now one of the competitor based in India has been contacting me with the better commision, can I join them and if so what will be the legal actions that company can take as I am losing on to huge amount of commision with the company. It is owned by two partners and in contract there is no timeline mentioned that for how long I cant work with the competitors. Please help me regarding this.

From India, Ahmedabad
Insolvency N Gst Professional
Kritarth Consulting
Posh Programs; Hr Management Consultants


First and foremost thing is always to read before signing any contract/agreement and seek clarifications wherever there is doubt or confusion in mind.
"company has made me sign a contract that I cant work for anyone in the same field after leaving this company "
No one can stop you from working in the same field after leaving 1st employer.It is against basic principles of right to work.Yes you cannot leak out company secrets etc to new employer.
Commission is part of your entitlement for work done and you are entitled for the same.There cannot be any legally biding clause that they will pay when they feel like.
Please consult a local advocate who deal in employment matters, contracts etc and show him all documents and get full clarifications on the next course of action.
What is your exit notice period?
Given them notice and seek full settlement of dues while leaving.
Are the partners India based?
Take legal advice based on documents which you have as an employee.
Clarifications given here are based on what you have written and may not reflect the totality of your job situation.

From India, Pune
Kritarth Consulting

Clear Good Guidance Kritarth Consultants, Management Caretaker, 21.4.20
From India, Delhi
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