Article 19(1)(g) of the Constitution of India confers fundamental rights on the
citizens of India and this Article allows the citizens the right to practice any profession or carry
on any occupation, trade or business subject to reasonable restrictions in public interest. Thus,
any restriction on this fundamental right of any citizen goes against the protection granted
and guaranteed in the Constitution.
Employers in order to retain talent try to twist arms of employees by putting negative covenants-example "You are not allowed to join the competitors firm (i.e. having same product) for at least two years after leaving this company."
To my mind such agreements are void and have no legal effect.
But employees should equally remember that when you leave your employment do it in legal and documented manner.
But I read here so many cases of people abandoning jobs or leaving by sending emails from personal ids and not even acknowledged by HR.
That will be a recipe for trouble.
New employer will also not appreciate such actions.
citizens of India and this Article allows the citizens the right to practice any profession or carry
on any occupation, trade or business subject to reasonable restrictions in public interest. Thus,
any restriction on this fundamental right of any citizen goes against the protection granted
and guaranteed in the Constitution.
Employers in order to retain talent try to twist arms of employees by putting negative covenants-example "You are not allowed to join the competitors firm (i.e. having same product) for at least two years after leaving this company."
To my mind such agreements are void and have no legal effect.
But employees should equally remember that when you leave your employment do it in legal and documented manner.
But I read here so many cases of people abandoning jobs or leaving by sending emails from personal ids and not even acknowledged by HR.
That will be a recipe for trouble.
New employer will also not appreciate such actions.