Anonymous
I have a clause below in my assignment letter. I spent more than 3 months after coming out of this project but in the same company. So will it still stop me from joining the client? As I have not been assigned to this client at the time of separation.

The clause says: “The employee is not allowed to join the client, in whose project, he was assigned to work at the time of the separation for a period of three months from the date of separation.”

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KK!HR
1593

Now that three months have elapsed you are no longer bound by the inhibition clause in the contract of appointment and is free to seek employment anywhere including the erstwhile client.
From India, Mumbai
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Anonymous
Thank you for the response, KK. Just for more clarity, after coming out from the project, I have spent three months in the same company on the bench but was not assigned to any other projects. Does your point of view still remain valid in this case?
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nathrao
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Clarification on Non-Compete Clause

The three-month period was in relation to a client whose project was being handled by you. If, as you stated, you were on the bench for more than three months, the restriction no longer applies. Please clearly state the dates and join the other company as required. There should be no issue, as I can understand from reading the query as posted.

From India, Pune
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Validity of Employment Clauses

The clause of employment remains valid as long as the employer-employee relationship exists. Further, this is a clause in your assignment letter; the clauses become invalid once the employee withdraws from the assignment. You were not assigned to work for this client at the time of separation, so you are completely exempt.

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