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Dinesh DivekarDear aggrieved member,
This type of posts come up in this forum time and again. However, Delhi High Court has given a ruling. You may click here to refer to the thread titled Delhi High Court Rules Against A Non-Compete Clause In The Employment Agreement
From India, Bangalore
In connection to this thread, I am very grateful to Mr Dinesh Divekar for his response. However, I had a bit different query. Can a relieving letter be binding to an employee as non-solicit and non-compete conditions were mentioned in the relieving letter? Appointment letter/offer letter does not contain them at all and an employee reviews the appointment letter before saying yes to the next job or assignment. From a appointment letter point of view, he is free to go anywhere. Relieving letter conditions (non-solicit and non-compete conditions) came as a surprise to employee but he has to sign to get the things smooth. Otherwise, company can influence the client company ( next company for the employee) to call the job offer off. So its basically a question of applicability of offer letter Vs relieving letter terms and conditions.
From India, New Delhi
Dinesh DivekarDear member,
Considering the verdict of the Delhi High Court, the conditions of the relieving letter are binding on the employee. In fact, even if the condition non-compete clause would have been included, if would have become null and void in light of the court ruling.
I recommend you accepting the relieving letter as of now. Later, approach the Labour Office of the area under whose jurisdiction your company falls in. Explain your problem to the labour officer. Request him to send the letter to your previous employer directing to issue the fresh relieving letter without the non-compete clause.
As of now go to labour office and file a complaint against the previous employer. Let us see to what extent they are helpful to you.
From India, Bangalore