Hi I wanted to check, is non-compete enforceable as per Indian laws? My company wants us to sign non-compete for not joining the competition for 1 year. It's a very small and niche industry
It's not enforcible in India after u left previous org no one can stop u for your next employment
I had a non compete clause in intern position,and company had no product 🤣
They might send u a "legal notice" just to intimate u, it can't do any thing if they go to court, court will throw it out in a second. Read: https://www.reddit.com/r/india/comments/bv3iaf/can_a_company_in_india_sue_an_exemployee_for/
If they send you a legal notice, PLEASE hire me, I would like to see which company/lawyer in their right minds would do that 😂😂
Feel free to sign without prejudice.
For more details google up Indian Contract Act 1872 - Section 27.
The only way your company would practically work this is put you on a fully paid longish gardening leave when you choose to leave - to prevent recency if you join competition.
Big4 makes you sign for not joining any clients that you have worked with for one year.
As per Google Baba:
No, non-compete agreements are not legal in India under the Law of Contracts. Section 27 of the Indian Contract Act of 1872 states that any agreement that prevents someone from practising a lawful profession, trade,...
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Usually the non-competent clause is for a year. Check your old offer letter
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