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Kumar
Kumar
Krishna

Krishna Kumar281 Answers  |Ask -

Workplace Expert - Answered on Feb 06, 2024

Asked on - Aug 12, 2023Hindi

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Sir Good day to you. I recently joined a company which is into manufacturing of chemicals our office is located in south Mumbai. I have an vast experience in this industry and considering the offer of the company i have taken up the offer and rejoined this company after 5 years. After joining in the company they asking us to sign a promissory note which come as a surprise. the content of the contract is completely biased and employer centric. The surprising part is that once we resign from this company they stated that we are not supposed to work in the same industry nor with any competitor. Based on the experience we had in the past in this industry we have been offered the job. Further this company doesn't invests anything in training its employees. Here everyone are having vast experience in this segment averaging more than 10 years, so they absolutely no need for them to train on the functionality as this company hire people from competitors only. We need your suggestion that referring to the Indian Labor Law is this a valid contract to upheld the fortune of an employee until he or she make a fraud or misrepresentation made and proven. Is their any legal law withstand in our constitution as Non-competition Agreement and if so what are the guidelines. If it exist how does this help this company as they recruit the employee from competitor itself.
Ans: Dear Mr.Kumar

Indian laws and legal system is a maze. Rather then seeking what is or what is not in the law I would suggest do what works for you. If you are not comfortable signing the agreement don't do it. Because tomorrow if you resign and the company files a case you dont have resources: time and energy to pursue that, while the company has full legal department.

Hope this helps. All the best.

Regards
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