• Company using non compete clause to stop me from going to any other company.

I joined my company 3 months ago as a software developer, the company makes real money games where people pay real money to play games and get real money in return.
I did not like the work culture and the way they treat their employees, so I officially mailed a resignation letter stating that I will serve my notice period and will leave after that.
The company tried to lure me back my promising all kind of things and stating that they will agree to all my terms.
But I didn't want to stay so I told them that I will leave.
Now they bring out the contract and telling me that I need to tell them which company I am going to and they will sue me if I go to any company which is related to gaming.
They are harassing me with mails and through other employees that I should tell them the name of the company I am goin to and will end my career by suing me if I join any other company.
I want to know does this non compete clause really gives them this power to stop me from going to any other company which is in the gaming domain. And what steps should I take to ensure that I am not sued regarding this and can carry on my career.
The clause is : 
The Employee agrees that he shall not, as an individual, employee, consultant, independent contractor, partner, shareholder, member or in association with any other Person, except on behalf of the Company, directly or indirectly, as long as he is engaged with the company or for a period of 18 months from the First Closing Date (whichever is earlier) (“Restricted Period”), own, develop, manage, establish, engage in, operate or cause to be operated or consult in a business that competes with the Business of the Company (“Competitive Business”) or carry on the Competitive Business or solicit for the Competitive Business, any customer or target customer or key personnel or supplier of the Company or otherwise use its knowledge or influence over any customer or target customer or key personnel or supplier to the detriment of the Company. The Employee agrees and covenants that while employed by the Company and for a continuous period of 12 (twelve) months following termination of his/her employment in the manner set forth above the Employee shall not directly or indirectly through any Person, entity or contractual arrangement engage or be interested in any business anywhere in the world similar to the Company’s Business, as it may exist from time to time after the date hereof, or perform management, executive or supervisory functions with respect to, own, operate, join, control, render financial assistance to, receive any economic benefit from, exert any influence upon, participate in, render services or advice to, or allow any of its officers or employees to be connected as an officer, employee, partner, member, shareholder, consultant, act on a work-for-hire or outsourced basis or otherwise provide any services for, any business, Person or entity that competes in whole or in part with the.
Asked 7 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

See the company through this clause can seek damages only if you join any company and they have to show the real damages.occured.to them by your joining the other company which deals in same kind of games as there if you.go in other gaming sectors even they file suit.same can be contested you are not required to disclose the name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See firstly they can file only a civil suit secondly they cannot take any step against the company you shall be joining it shall be suit for dmadama and it can be contested. And in most of cases comepaines only threaten they don't take steps as litigation is costly and result is uncertain.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Under section 27 of contract act Any agreement in restraint of trade is void 

 

2) after you resign you are at liberty to join any competitor

 

3) serve your notice period and leave the organisation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Even if they file suit against your new employer the would not get any reliefs as agreement in restraint of trade is void 

 

suit it would take 15 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you are not leaving the job during contract period then there can not be restriction in joining other employer in same trade. If you have a contract to work with the employer for a period and you intend to leave before completing the same , restriction shall apply

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

They are simply taking you under pressure so don't worry, now when you have resigned only try to fulfill the obligations put up on you by your contractual letter/appointment letter nothing else , they can't do any thing nor they can sue anybody , this is simply a threat.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Your company has no rights to ask you the details of the company you would likely to join after quitting this company.

It is none of their business.

If at all they feel that you are likely to violate the non-compete clauses or conditions after resignation they have options to approach court for remedy against you.

They canot threaten you with such types of tactics or acts.

You can issue a legal notice agaisnt the company if they harass you anymore in this manner instructing them to refrain themselves from indulging  in such illegal activities.

After that you can even appraoch labor court for their atrocities with a complaint against them in this connection.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

They may be joking on this since they have no rights to sue the other company in any manner, the other company may sue them for defamation.

 

First of all their suit will not be maintainable,even if it is numbered you can fight it back properly, of course it may also take some years to get disposed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Non compete clause in not valid in India except non disclosure of private information of previous company. . Company can`t do any thing.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

They can not file a suit against the other company 

Yes the civil suit will also take a lot of time to get decided 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes, you will have to be in the court on each date. 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you have executed any bond or agreement to bind yourself for the same then you need to adhere to it. Otherwise you can work with any company

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer