Apni Law Staff asked 1 year ago
My current employer hasn’t made me sign any agreement about non-compete clauses, and it’s not mentioned in our employee handbook either. They just tell me my salary without explaining how it’s calculated. So, am I still bound by a non-compete clause? They’re forcing this clause on us because they’re not hiring new people for the Mumbai office. Can you help me understand my situation?
Best Answer
Apni Law Staff answered 1 year ago
In India, non-compete clauses are generally unenforceable unless they are reasonable in scope and duration and are supported by valid consideration. Since you haven’t signed any agreement and it’s not mentioned in the handbook, you are not bound by a non-compete clause. The employer’s justification of not hiring new employees doesn’t automatically make the clause valid.
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