Hello All,
Please help me understand a policy of a company, where in if an employee resigns and signs with the company that he or she wont work with its competitor companies for a year, and then gets offer of job from its one similar working company, can she or he join? of he or she is bound to that signing policy of previous company he or she left?
does this come into any legality of companies if you opt to work for other company prior to one year?
please reply as soon as possible,
thanking you
Dhruti
From India, Mumbai
Please help me understand a policy of a company, where in if an employee resigns and signs with the company that he or she wont work with its competitor companies for a year, and then gets offer of job from its one similar working company, can she or he join? of he or she is bound to that signing policy of previous company he or she left?
does this come into any legality of companies if you opt to work for other company prior to one year?
please reply as soon as possible,
thanking you
Dhruti
From India, Mumbai
Greetings,
Non-Compete and Non-Declaration Agreements are time bound, as you have already noticed. Companies in similar domain, yet not mentioned in the agreement, do not fall into the category, unless there is a broad description for non-competing firms. Are you joining them for similar skill sets , serving similar roles ?
Will your role require you to share information , marked vital in the agreement? Would you be working with the clients to your ex-employer , in your new role ?
Can you consider sharing the clause from the agreement for us to find a clearer view?
For eg : If you are working with KPMG you cant join E&Y .
On the other hand suppose you have worked with Dell BPO as a customer care executive after a Polytechnic course and your complete engineering degree along with MS certifications. You are free to join Microsoft or HP as a programmer or developer
Trust this helps! Looking forward to hear from you
From India, Mumbai
1859Non-Compete and Non-Declaration Agreements are time bound, as you have already noticed. Companies in similar domain, yet not mentioned in the agreement, do not fall into the category, unless there is a broad description for non-competing firms. Are you joining them for similar skill sets , serving similar roles ?
Will your role require you to share information , marked vital in the agreement? Would you be working with the clients to your ex-employer , in your new role ?
Can you consider sharing the clause from the agreement for us to find a clearer view?
For eg : If you are working with KPMG you cant join E&Y .
On the other hand suppose you have worked with Dell BPO as a customer care executive after a Polytechnic course and your complete engineering degree along with MS certifications. You are free to join Microsoft or HP as a programmer or developer
Trust this helps! Looking forward to hear from you
From India, Mumbai
Dear Dhruti,
first you just tell me that what kind of agreement you have signed with company?
if you have not signed any agreement or signed any agreement without legal papers is null & void then you are not bound to follow the policy.
if you have signed any such documents then also this policy should be validated from the Labour department within the standing orders of the company.
so you need not to worry about that but make sure what kind of agreement you have signed with the company
From India, Agra
first you just tell me that what kind of agreement you have signed with company?
if you have not signed any agreement or signed any agreement without legal papers is null & void then you are not bound to follow the policy.
if you have signed any such documents then also this policy should be validated from the Labour department within the standing orders of the company.
so you need not to worry about that but make sure what kind of agreement you have signed with the company
From India, Agra
Dear (Cite Contribution) and Raj,
Thank you very much for such a prompt reply, it has nothing to do with me, i am pursuing my MBA IN HR, but one of my friend needed help regarding this non compete agreement, i am not sure what exactly the agreement is which he has signed, but the sector of his work area remains the same and probably the job profile would have been similar too(related to automobile industry and engineering post), though i know ethically it should not be done and same thing he is going to do by not opting the other job offer from the same sector competitor company since the agreement stands for 1 year clause not to join after leaving.
but my doing in HR field i am also coming to know policies of companies and this site is proving to be very helpful, so i hope i can such wonderful support from you guys in understanding field of HR more.
Regards and HAPPY DIWALI :)
From India, Mumbai
Thank you very much for such a prompt reply, it has nothing to do with me, i am pursuing my MBA IN HR, but one of my friend needed help regarding this non compete agreement, i am not sure what exactly the agreement is which he has signed, but the sector of his work area remains the same and probably the job profile would have been similar too(related to automobile industry and engineering post), though i know ethically it should not be done and same thing he is going to do by not opting the other job offer from the same sector competitor company since the agreement stands for 1 year clause not to join after leaving.
but my doing in HR field i am also coming to know policies of companies and this site is proving to be very helpful, so i hope i can such wonderful support from you guys in understanding field of HR more.
Regards and HAPPY DIWALI :)
From India, Mumbai
Hello Dhruti,
Like (Cite Contribution) mentioned, a lot would depend on the 'wordings' used in the Agreements.
Pl check with your friend & share the 'verbatim' wording of the clauses from the Agreement. That would enable the members to guide you better & more accurately.
However, in general, most companies now-a-days have begun to use 'generic' wordings--to ensure they cover all situations/possibilities. That would, obviously, make things so much more tougher for an employee to switchover jobs.
Given today's global corporate scenario, such Agreements are in-vogue--there's no way to avoid them.
Rgds,
TS
From India, Hyderabad
Like (Cite Contribution) mentioned, a lot would depend on the 'wordings' used in the Agreements.
Pl check with your friend & share the 'verbatim' wording of the clauses from the Agreement. That would enable the members to guide you better & more accurately.
However, in general, most companies now-a-days have begun to use 'generic' wordings--to ensure they cover all situations/possibilities. That would, obviously, make things so much more tougher for an employee to switchover jobs.
Given today's global corporate scenario, such Agreements are in-vogue--there's no way to avoid them.
Rgds,
TS
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg
Non compete.doc