I am working with a pharmaceutical company as a representative. The company is based in the USA as well as in Ahmedabad. The company pays a good amount of incentives, and based on that, I have signed a contract stating that I can't work for anyone in the same field after leaving this company. Additionally, the company is holding onto the commission, as the contract mentions that the commission will be at the company's discretion and will be paid when the company decides to do so.
Now, one of the competitors based in India has been contacting me with a better commission offer. Can I join them, and if so, what legal actions can the company take since I am losing out on a significant amount of commission with the current company? The company is owned by two partners, and the contract does not specify a timeline for how long I can't work with competitors. Please help me regarding this.
Thank you.
From India, Ahmedabad
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Now, one of the competitors based in India has been contacting me with a better commission offer. Can I join them, and if so, what legal actions can the company take since I am losing out on a significant amount of commission with the current company? The company is owned by two partners, and the contract does not specify a timeline for how long I can't work with competitors. Please help me regarding this.
Thank you.
From India, Ahmedabad
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Understanding Contractual Obligations
First and foremost, it is essential to read any contract or agreement thoroughly before signing and seek clarifications wherever there is doubt or confusion.
"Company has made me sign a contract that I can't work for anyone in the same field after leaving this company."
No one can stop you from working in the same field after leaving your first employer. It is against the basic principles of the right to work. However, you cannot disclose company secrets to a new employer.
Entitlement to Commission
Commission is part of your entitlement for work done, and you are entitled to it. There cannot be any legally binding clause that allows them to pay at their discretion.
Seeking Legal Advice
Please consult a local advocate who deals with employment matters and contracts. Show them all documents to get full clarifications on the next course of action.
Exit Notice Period and Settlement
What is your exit notice period? Give them notice and seek full settlement of dues when leaving.
Legal Considerations for India-Based Partners
Are the partners based in India? Take legal advice based on the documents you have as an employee.
The clarifications given here are based on what you have written and may not reflect the totality of your job situation.
From India, Pune
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3180First and foremost, it is essential to read any contract or agreement thoroughly before signing and seek clarifications wherever there is doubt or confusion.
"Company has made me sign a contract that I can't work for anyone in the same field after leaving this company."
No one can stop you from working in the same field after leaving your first employer. It is against the basic principles of the right to work. However, you cannot disclose company secrets to a new employer.
Entitlement to Commission
Commission is part of your entitlement for work done, and you are entitled to it. There cannot be any legally binding clause that allows them to pay at their discretion.
Seeking Legal Advice
Please consult a local advocate who deals with employment matters and contracts. Show them all documents to get full clarifications on the next course of action.
Exit Notice Period and Settlement
What is your exit notice period? Give them notice and seek full settlement of dues when leaving.
Legal Considerations for India-Based Partners
Are the partners based in India? Take legal advice based on the documents you have as an employee.
The clarifications given here are based on what you have written and may not reflect the totality of your job situation.
From India, Pune
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf