Non-compete Clause In Service Contract - PDF Download

devgahlot
Respected members...
Presently i m working in sales department of my company. At the time of joining i filled a service contract, which has a clause of bond to work for min. Of 2 years for the company against which some portion of my salary is also deducted each month. After completion of 2 years service it will be refunded to me.
Now my 2 years of job is completed and i m looking for some job change in my competitors company. By now i came to know that service contract also has a clause..i.e. You will not join directly or indirectly join to any of competitors company for 2 years from the date of leaving of my present company...
I thick this is very much rude../unfair..
I request you all to provide me some guidance in this matter..that whether i can change my job or not...
Awaiting for your valuable suggestions...
pon1965
These are all standard clauses. A person working in a particular sector, will join in the same sectors only. Go ahead with your plan.
Pon
tushar.swar
Dear All,
these are the standerd clauses for the confidentiality of company business, these are the written terms & conditions, which belive that, you must have read, understand & then accepted only.
Its some kind of contract its self between two parties, you should have think before sign such T & C..
Regards,
Tushar Swar
saquibshaikh
Dear Dev Please find SC Judgement on your issue.
Regards,
Saquib
1 Attachment(s) [Login To View]

pon1965
Thanks for posting SC judgement.
Good point by the judge
"It is well settled that such post termination restraint, under Indian Law, is in violation of
Section 27 of the Contract Act. Such contracts are unenforceable, void and against the public policy. What is
prohibited by law cannot be permitted by Court's injunction."
Pon
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute