Dear Group Members,

One of my friend works with an international consulting firm in Bangalore.

His appointment letter mentions that at the time of leaving, he will be required to sign a Non-Disclosure Agreement with the company, which will restrict him to disclose any information about company’s processes, product etc. to anyone for two years.

Now when he is leaving the company, his employer is forcing him to sign a Non-Competition Agreement stating that he cannot join any competitor of the company for two years.

His employer is also refusing to give him relieving letter without employee signing the same.

This clause was never the part of his condition of employment.

He was also never informed of this clause by his employer.

Is there any law/remedy available which restricts an employer to change the condition of employment at the time of employee leaving the company or putting in such clause at that time without informing it at the time of joining.

I would appreciate views of group members on the same.

Thanks & regards

Joy

hI,

I feel some employers are knowledgeable and understand the HUMAN RESOURCE CAPITAL better, some crinch of few clauses like this.

In my opinion, as an employee serves an orgn, depending on the role and responsiblity a compnay can make mid-way corrections in the appointment and subsequent orders. You can go ahead and sign if your employer is not a troublesome one and legel minded, if yes, then you can seek clairification on the meaning of COMPETATIVE with interpretation. If your employer is only trying to safe guard the interests on the company and you, you may sign.

I know one employer had informed the employees NOT TO WORK IN SIMILAR DOMAIN for Three years after seperating from the company. This was drafted by a very famous advocate office. This was not acceptable and non of them signed this.

Hope you are clarified.

Regards ,

Jayesh