If an employee has signed an exclusivity clause with the company, can he work somewhere else as a freelancer too?
From India, Lucknow
Dear Isher,

Please confirm the nature of the work that the employee does and verbatim of the "exclusivity clause". No comments can be given unless we have knowledge of this clause.


Dinesh Divekar

From India, Bangalore

Additionally, when there is an exclusivity clause it is unethical and unfair to do moonlighting, even if it is as a freelancer, is unethical and unfair. Obviously, you are hired for certain skills and the organisation is paying you for exclusively using those talents, but then to use that very talent on the sly for some consideration is a dishonest practice. Your explanation will hardly bail you out if found out by your paymaster and hence it is not worth the try at all.
From India, Mumbai
The employee can work as a freelancer but not an employee. What is the clause and its punch in signed exclusivity agreement counts a lot? It is difficult to say without seeing the entire document.

Still you can call for an explanation citing the violation of exclusivity clause, if such engagement of the employee is hampering the work/business of the establishment.

From India, Mumbai

NDA or NDC clause terms bars the employee to work in similar line/ nature of work, even after release for some months
please go through the clauses carefully, breach of NDC/NDA clause may drag the employee under trouble

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