Hi, my name is Sachin. I was hired by a service-based company and am currently working for a client. It has been almost six months since I was released from the client project, and recently, I received an offer from the same client. I have submitted my resignation to my current company. However, there is a clause mentioned in the undertaking form that I signed when joining the company. The clause states that I cannot directly take up employment with the client, even in the case of any termination, for a period of two years. Can someone please advise me on whether I can join the same client, or if my current company can legally take action against me? Attached is a screenshot of the mentioned clause for reference. Thank you.
From India, Bengaluru
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From India, Bengaluru
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Hi, lately, many employers are adding this clause in the appointment order. However, practically speaking, you cannot restrict an employee from joining another company with a similar business. So, it's better to join silently and not expose your joining openly.
From India, Madras
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1015From India, Madras
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If you have signed a contract with this clause included, then I would be very wary. Speak to your lawyer, though you should have done that before you submitted your resignation. Make sure you have a Plan B in place in case your old employer plays hardball on this. I suspect it is unlikely that they won't find out what you have done.
From Australia, Melbourne
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From Australia, Melbourne
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Legal Clarification on Negative Covenants in Employment Agreements.pdf