Dear All,
Need your opinion on how legally valid and enforceable below clause inserted in employment agreement is. I am planning to earn my living through offering service or being employed as I am no longer employed as they cited lack of business for continuation of contract.
Below is the clause in the contract which restricts the employee from being employed, self-employed, partner, collaborate, advise, or consult in the area of business which is similar to the organization. Please advise
Employee hereby agrees and undertakes that he shall not at any time during employment and for a period of three (3) years after the termination for any reason whatsoever undertake or carry on either long or in partnership or in collaboration, nor be employed directly or indirectly in any capacity whatsoever in India in any manufacture/service which is of same kind and nature as to business and manufacturing carried on by this company or any of its associate companies or firms or concerns to which his services may be transferred or in the manufacture of any products, articles, or things for which this company or such other company or firm or concern to which his services may be transferred or in the manufacture of any products, articles of things for which this company or such other company or firm or concern may have experimented in and/or have prepared designs for the manufacture of such products or have made preparations for the manufacture of such products irrespective of such products or have made preparations for the manufactured or not during the said period shall not lend his assistance for such service in any form or manner whatsoever whether as consultant or advisor or as employee in any other capacity or manner whatsoever.
Need your opinion on how legally valid and enforceable below clause inserted in employment agreement is. I am planning to earn my living through offering service or being employed as I am no longer employed as they cited lack of business for continuation of contract.
Below is the clause in the contract which restricts the employee from being employed, self-employed, partner, collaborate, advise, or consult in the area of business which is similar to the organization. Please advise
Employee hereby agrees and undertakes that he shall not at any time during employment and for a period of three (3) years after the termination for any reason whatsoever undertake or carry on either long or in partnership or in collaboration, nor be employed directly or indirectly in any capacity whatsoever in India in any manufacture/service which is of same kind and nature as to business and manufacturing carried on by this company or any of its associate companies or firms or concerns to which his services may be transferred or in the manufacture of any products, articles, or things for which this company or such other company or firm or concern to which his services may be transferred or in the manufacture of any products, articles of things for which this company or such other company or firm or concern may have experimented in and/or have prepared designs for the manufacture of such products or have made preparations for the manufacture of such products irrespective of such products or have made preparations for the manufactured or not during the said period shall not lend his assistance for such service in any form or manner whatsoever whether as consultant or advisor or as employee in any other capacity or manner whatsoever.