Dinesh Divekar
Business Mentor, Consultant And Trainer
TherealEng
Software Engineer

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Hi,

I joined a company as a software engineer which did not give any importance to my talent and hard work. Actually i was underpaid also (quite less compared to even my juniors ). I was working hard to prove my worth and made a good reputation with client and other colleagues but somehow my own company was ignoring my worth. I got disappointed and started looking for a different company and was applying through different job portals. Client came to know about my resignation plans and they offered me a job with them. I checked the appointment letter and there was no clause that i can not join the client company. Also, i asked my client to check from their side. They said there is no such clause. I accepted the offer. It was a good one. I was serving the notice period but somehow my existing company came to know about my plans. On my last day, my existing company asked me to sign a relieving letter which said that i can not join client's company. They did it with bad intentions. I was not able to decide what to do as i had a family which was dependent on me. I joined client's company. Somehow, my earlier company came to know and they sent me a legal notice and asked 2 Crores in compensation. Is it justified to give the surprises on the relieving letter? I mean we are bound by appointment letter/ offer letter not by relieving letter. Employer can put whatever they want on the relieving letter to fulfill their bad intentions. The funny thing was i was earning 5 lacs/ annum when i was employed there and they are asking 2 crores in compensation. All the terms and conditions should be mentioned in appointment/offer letter so that he is well aware in prior and take the decisions with proper knowledge. Can anyone help me? I dont want to lose my current job as i have a good reputation here and they recognize my worth.

From India, New Delhi
Dear 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
Thanks,
Dinesh Divekar

From India, Bangalore
https://www.citehr.com/571397-delhi-...n-compete.html
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
Dear 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.
Thanks,
Dinesh Divekar

From India, Bangalore
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