Can I Freelance for a Customer Without Breaching My Employment Contract?

I worked in a company as an instructor, and this was the only thing written in my appointment letter: "You will not approach the Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. The Company can take legal action against you in case of a breach of this condition (even if discovered at a later date)."

I am not joining any of my company's customers as a full-time employee, but can I work as a freelance instructor for the same customer for whom I delivered the training? Is it going to be legal? They are not paying my dues, and they are saying they will send a legal notice. Kindly suggest me on this.

Regards

Hi Ranagg,

You have mentioned, "Can I work as a freelance instructor for the same customer for whom I delivered the trainings?" Have you already joined or are currently serving them? If you have signed a NDA/NCA with your employer, they may take legal action against you, even if you are not a full-time employee of the client.

Thank you, Mahesh. I have not signed any such NDA/NCA with my employer, and nothing is even written in my appointment letter. What they said to me is, "As per your appointment letter terms and conditions, you cannot do this." As I mentioned earlier, only this is written in my appointment letter: "You will not approach the Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. The Company can take legal action against you in case of the breach of this condition (even if discovered at a later date)." Is it still valid for them to take any legal action?

Hi Ranagg,

They have clearly mentioned in the appointment clause that you will not approach customers directly or indirectly. Freelancing would indicate indirect employment. Hence, they can take legal action against you.

Regards,
Vineeta

But if I am not working with their customers, if I am working for a different company as a freelance consultant, and they can assign me any task for any customer (same or different customer), will it still be a reason for a legal notice? This company was not in contact with me during my employment tenure.

It depends on how your engagement model is structured. As per your statement, "You will not approach the Company's Customers (directly or indirectly) for employment. Even if a Customer approaches you for the same, you will not accept that under any circumstances. The Company can take legal action against you in case of a breach of this condition (even if discovered at a later date)" is mentioned in the appointment letter. The word "Indirect" refers to the fact that you will/should not serve your ex-employer's clients, even through another company. It is advisable to consult an advocate who specializes in corporate affairs.

You have the right to earn your living from the resources and knowledge known to you. No one can stop you from working for any company or institution. Read a few articles below to help you understand the law in a better manner.

Go ahead and live your life!

- [ARTICLE 21: RIGHT TO LIFE & LIVELIHOOD - LawLex.Org](http://lawlex.org/lex-bulletin/article-21-right-to-life-livelihood/3631)
- [Article 21 of the Constitution of India - Right to Life and Personal Liberty - Academike](http://www.lawctopus.com/academike/article-21-of-the-constitution-of-india-right-to-life-and-personal-liberty/)

Thank you!

A contract for employment or service is a private agreement. No one, including Government agencies, can indulge in private legislation, especially if it inhibits Fundamental Rights, under the pretext of conditions in the appointment letter.

Mahesh,

As per them, I cannot work with their customers until 2 years, but this is not mentioned anywhere in my appointment letter. How can someone put a restriction like this if it is not in the appointment letter at all?