Share
What are the ways for a employee in india to escape the non compete and non solicitation convenants?
Question
What are the ways to escape the non competent and non solicitation clauses in an employee agreement for an employee under the Indian law/jurisdiction (section 27, ICA)?
Answer ( 1 )
Usually these kind of clauses are considered as invalid as per Section 27 of the Indian Contract Act. Even the Supreme Court has in various decisions stated that such clauses cannot be enforced if they are unconscionable. So it actually depends upon the skills that you possess and the kind of contract that you have signed in with your employer to find a way out of the contract. At times, analysing the terms and conditions mentioned in the contract signed between the employer and employee, the supreme court has held in various occasions that such restrictive terms are valid if they are reasonable. Reasonable is a subjective term and is dependent upon facts of each case. Hence if you have a particular situation which needs to be addressed, contact the instalegal team directly for a detailed consultation.