If an employee has signed an exclusivity clause with the company, can he work somewhere else as a freelancer too?
From India, Lucknow
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Dear Isher, please confirm the nature of the work that the employee does and provide the verbatim of the "exclusivity clause." No comments can be given unless we have knowledge of this clause.

Thanks,

Dinesh Divekar

From India, Bangalore
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KK!HR
1593

Exclusivity Clauses and Moonlighting

Additionally, when there is an exclusivity clause, it is unethical and unfair to engage in moonlighting, even if it is as a freelancer. Obviously, you are hired for certain skills, and the organization is paying you to use those talents exclusively. To use that very talent secretly for some consideration is a dishonest practice. Your explanation will hardly bail you out if discovered by your employer, and hence it is not worth the try at all.

From India, Mumbai
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Exclusivity Clause and Freelance Work

The employee can work as a freelancer but not as an employee. What is the clause and its impact in a signed exclusivity agreement? It is difficult to say without seeing the entire document.

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

From India, Mumbai
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Glidor
651

NDA or NDC Clause Terms

NDA or NDC clause terms bar the employee from working in a similar line or nature of work, even after being released for some months. Please review the clauses carefully, as a breach of the NDC/NDA clause may lead the employee into trouble.


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