• Can I work with my company's customer

I am a software programmer. One of my companies client wants to work with me and want to start a new software company.

My question is can i do the same with the customer. After resigning from my current post my company want me to sign NDA. What should I do?
Asked 2 years ago in Labour from Ahmedabad, Gujarat
Hello,
1) There is no bar to your working or entering into a contract with one of the clients of the company you had been working for.However while you are still in employment you can not do so.

2) If you want to do any kind of business in partnership with the client of the company it has to be initiated only after you are relieved by the company after you tender your resignation.

3) Once you have resigned from the company you are not obligated to sign any Non Disclosure Agreement with the company. Such agreement is binding only while you are part of the organisation and limited your assignments while at work. No one can bar you from putting to use your skill for your gains.

4) Therefore first of all tender your resignation and once you get an acknowledgement of the resignation proceed with any collaboration with the prospective partner and ensure you enter into a beneficial contract.
S J Mathew
Advocate, Mumbai
2069 Answers
86 Consultations

5.0 on 5.0

It depends upon you whether to sign NDA or otherwise. If you are willing to sign NDA must ensure to understand its terms and agreement, obligations and time period. In any case, your dues and relieving letter can not be held for want of entering into NDA. Your relieving is subject to the terms and condition of your appointment letter. Please confirm, whether the provisions of NDA was mentioned in your appointment letter. If not, then you are not under obligation to sign NDA.
Starting a new software company with the client of your ex-company is no bar unless you are restricted to do so in writing earlier.

Rajinder Kumar
Advocate, New Delhi
68 Answers
5 Consultations

5.0 on 5.0

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