What to Do When a Client Wants to Hire You
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Company'southward client wants to hire me
I work in Information technology industry in an MNC and my company'southward client has offered me a chore at their location. They accept asked to outset the process unofficially and have ruled out the idea of buying us out from the current organization as they cannot do that.. One of the management person knows near this and has informed the management also about this. As per the company'south policy, nosotros cannot work at the client eveb after i year of separation from the current orgnaization. I am willing to join the client every bit it is a huge opportunity for me which i wont become again in a lifetime but i don't want any legal proceedings against me. Also i want to accept a clean background for my furutre career prospects as well. Please suggest if i accept whatsoever option so that i can bring together the client without any legal proceedings against me. Also if any legal case is filed against me, will this consequence my future constraints for initiating a piece of work visa in strange countries or my future prospects while switching a job. Thanks in advance!
Asked iv years ago in Labour
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thirteen Answers
I am sure there would be confidentiality clause in the job contract whereby y'all tin't join the competitor or client of your employer. This is ofttimes essential to end poaching and stop sharing confidential information of the employer.
And then if any such contract is existing between y'all and your employer yous tin can be restrained from joining the client office by fashion of suit for injunction.
However if its institute out that yous were non in charge of confidential information then chances of restraint are less.
Since violation of such contract would exist ceremonious wrong yous should have the determination after because all merits and demerits.
Advocate, Kolkata
22515 Answers
382 Consultations
If confidentiality defines any information of my current company which will be of do good to customer., then there is no such information. Also, Will this hamper my time to come jobs and volition this be visible in my groundwork verification by future prospective employers?
Asked 4 years ago
1) you are at liberty to resign
2) serve the notice period and join the client
three) any understanding in restraint of trade is void under department 27 of contract act
iv) fifty-fifty if any case is filed past your employer you lot can take the defense force that y'all cannot exist restrained from joining any organisation after you leave the job
Advocate, Mumbai
86570 Answers
5921 Consultations
If whatever stay is granted past court it would bear on your career prospects but chances of court grating any reliefs to your current employer are bleak
Abet, Mumbai
86570 Answers
5921 Consultations
Since no employer would like any of its employee to join its competitor or clients , your doing thus alienation of agreement may cause serious concern about your loyalty to the employer.
Advocate, Kolkata
22515 Answers
382 Consultations
Yes, if yous happen to do and then that will for sure bear upon your future equally by doing this you would be knowing for professional misconduct, and no torso would prove their trust on you.
I suggest you to if possible bring together after i year as per your company policy or join as a part time employee without knowing else drop the idea.
Proficient Luck...!
Abet, South Delhi
5464 Answers
13 Consultations
Yous can't do this, if you signed a not compete Understanding with your employer, or this client of your employer, singed a non poaching Agreement.
However, to give you a concrete response, you are requested to quote the relevant clauses from your non compete Agreement/clause.
Advocate, New Delhi
9420 Answers
230 Consultations
Doing this might create Legal complications for y'all, however, this won't mar your chances to obtain visa etc and travel away.
If you're willing to undertake this risk, y'all are gratuitous to join this client company.
Abet, New Delhi
9420 Answers
230 Consultations
If y'all join the client's visitor then your ex company management volition be at the liberty to file a case confronting you lot. Though y'all can defend the same by saying that you were not in possession of any confidential information and that you can not be stopped to bear on whatsoever trade or business .
Regards
Advocate, New Delhi
17922 Answers
363 Consultations
But if however, a case is filed then it will have a negative impact on your career.
During pendency of the instance it will as well take an impact on your future foreign prospects.
Regards
Abet, New Delhi
17922 Answers
363 Consultations
All the things are depends on the terms and conditions mentioned in not-disclosure agreement. Equally you said there is no such kind of information, and then there is no demand to worry.
On the other paw, it wont affect your career as well because, this is a concatenation, it has no stop.
Advocate, Delhi
734 Answers
2 Consultations
You cannot over rule the companies rules and regulations in which your working as y'all signed and obey the rules and regulations of your working company.
Advocate, Hyderabad
422 Answers
3 Consultations
A non-compete clause (commonly referred to as a "covenant non to compete") is divers by state contract police, and refers to situations where one political party to the contract (usually an employee or independent contractor) agrees to not enter into or beginning a like profession or offer the same or like services.
n India such a clause is governed by the codification provisions of section 27 of the Indian Contract Act, 1872 ("Contract Act"), whereby every agreement by which anyone is restrained from exercising a lawful profession, trade or business organisation of any kind, is to that extent void. The Indian courts have more or less adhered to the letter of the law and have given a consequent view treating such clauses more every bit a concept of equity than a contract.
Therefore whatever legal action taken in this regard ca be challenged properly in courtroom of law.
Advocate, Vellore
76713 Answers
1401 Consultations
If confidentiality defines any information of my current company which will exist of do good to customer., then there is no such information. Too, Will this hamper my hereafter jobs and will this be visible in my background verification by future prospective employers?
"It is well settled that such post termination restraint, under Indian Police force, is in violation of Section 27 of the Contract Act. Such contracts are unenforceable, void and against the public policy. What is prohibited by law cannot exist permitted by Court's injunction."
The judgment of the Supreme Court in Percept D'Marking (India) Pvt. Ltd. five. Zaheer Khan and Anr. sheds some light on the legality of such clauses. The Apex Court observed,
"Nether Section 27 of the Contract Human activity (a) a restrictive covenant extending beyond the term of the contract is void and non enforceable. (b) The doctrine of restraint of trade does not apply during the continuance of the contract for employment and it applied merely when the contract comes to an end. (c) As held by this Courtroom in Gujarat Bottling v. Coca Cola (supra), this doctrine is not confined only to contracts of employment, but is also applicable to all other contracts."
In view of the aforesaid observations, it tin be inferred that while dealing with disputes relating to such not-compete clause nether an employment understanding, the Indian courts have considered the pre-termination catamenia of the employment distinct from the postal service termination flow of the employment. Whilst the courts have been tolerant about the application of the non-compete clause, they have walked an extra mile to ensure that such clause practice not have an effect after the cessation of employment and have held that such clause would autumn inside the mischief of section 27 of the Contract Act.
Advocate, Vellore
76713 Answers
1401 Consultations
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