Seeking Advice: How to Draft a Non-Compete Clause for Our Appointment Letter?

Hi Seniors, I need your help in redrafting our appointment letter. We would like to include a clause which states that after leaving our company, a candidate cannot join any of our competitor's clients. If any one of you could send a draft of this clause, I would be highly obliged.

Thanks in advance.

Regards,
Koushik

More at http://citehr.com#ixzz15cUv3hGg

You can never include this kind of clause, gentlemen, because an employee is bound by you only while he/she is working with you. After leaving, you cannot enforce any such law or written confirmation that he/she cannot join a competitor. The agreement becomes void, and an agreement or contract can never be unilateral.

Yes, you can include a clause stating that company information can never be leaked at any cost.

Regards,
Bharat Asudani

It's not about drafting the clause, but the repugnant clause itself. Whether you are an HR or other management professional, just think about some "niche segments" like publishing, media, broadcasting (TV, FM), etc. Where would you think a TV anchor, an editor/sub-editor, graphic designer, etc., would get their next job?

Just think: A newspaper fires a sub-editor. Now where should the sub-editor find a job? Of course, in the newspaper industry itself! A clause like the one you are proposing would mean that the 'fired' sub-editor should look for employment in mining or infrastructure or the energy sector, anything but in 'publishing'.

Similarly, a 'fired' or 'resigned' air-hostess should seek her next employment not in any competing airlines but perhaps as a receptionist in a hotel or office! Forget about one's experience or expertise as an HR person; simply as a rational person, do you think such a situation is justified?

Warm regards.