I served L&T for 26 years and then left the job. I was properly relieved by the company after serving the due notice period and settlement of accounts. I was a member of the L&T Superannuation fund. In my relieving letter, it was written that I shall be communicated about my superannuation payment after one year. Subsequently, I got a letter from L&T stating that I am not being given my superannuation amount, as I have joined a competitor. I understand that as per the Supreme Court ruling, under Section 27 of the Contract Act, a service covenant extended beyond the termination of the service is void. An agreement restricting an employee from joining a competitor is one which accrues only after termination of the service contract and hence it is void and not maintainable.
No employer can restrict an employee from joining a competitor. Even if an employee has signed such an agreement with the employer, such a document has no legal standing. Documents with conditions like restricting employees from joining a competitor.
From India, New Delhi
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No employer can restrict an employee from joining a competitor. Even if an employee has signed such an agreement with the employer, such a document has no legal standing. Documents with conditions like restricting employees from joining a competitor.
From India, New Delhi
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Just wanted to clarify that L&T has a separate superannuation scheme over and above PF and Gratuity. Also, I fulfill all other requirements like age and number of years in service for eligibility to get this amount. The only issue is my joining another company making the same product. I am looking for advice and legal help on the matter.
From India, New Delhi
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From India, New Delhi
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