exclusivity clause in appointment letter
11 Sept 2013, 11:40
I had joined a company in 2006 and the appointment letter had a exclusivity clause which mentions that we cannot join any competitor which engages in activity similar to our business within a period of 3 years from the date of cessation of employment.
Now after 7 years, I wish to pursue with an assignment with one of the companies having similar products for better prospects and career advancement.
How should I take it forward?
1 Reply
Hi,
At the outset I should bring to your knowledge that you haven’t mentioned the date of termination.. I assume your still employed.. broadly, contracts in restraint of trade /business etc are void but NDAs/ employment contracts etc are reasonable restrictions to the freedom to carryout business as guaranteed by our constitution and exceptions to the rule of contract in restraint of trade..
Coming to your query, I shall have to go through your contract copy and the job profile or assignment profile you intend to undertake..
You may drop in a mail at (prerakchoudhary[at-the-rate-of]gmail[dot]com) with the relevant copies to enable me to advise you.. you may also consul any other good lawyer specialising in labour/service law/ contract law