Received Offer from client Company
I am working for a S/W company for 2 years with a total experience of 6 years, recently I have received an offer from my client company where I am deployed currently. My client says they didn't have any no hire clause with my current employer(so they are ok with providing me the offer).
Also my initial offer letter didn't have any such clause that restrict me from joining the client company, However during my last appraisal( April 2016) my current employer have introduced a new policy for not joining any client company for the period of 2 year(hard copy is provide to me which state that these new policy are applicable from April 2016).
I am not sure about taking this offer(it’s a great opportunity in term of carrier growth and job stability ) . Please help me in this situation, as I am not sure what to do next.
Asked 10 months ago in Labour from Bangalore, Karnataka
1) You must grab the opportunity as it is a great opportunity in term of carrier growth and job stability . As the client company does not have any ' No Hire' policy with the employer they should not have a problem to proceed with hiring you.
2) The fact is that you are not bound by conditions laid out by the company once you resign. Follow exit policy and resign by serving proper notice to the company.
3) No company or policy can stop you from joining any company once you have complied with the exit policy as it is your constitutional right. At the time of resignation, let the company not know that you have any intentions to join the client company.
1) Under section 27 of contract act any agreement in restraint of trade is void
2) you can resign from company . Serve the notice period
3) yiu cannot be restrained from joining your competitor after you leave the organisation
If there is no such no compete clause then you can safely join the job.
in any event unless the employee is in charge is secret trade practice there is no restriction is employed with the competitive employer .
You are protected by section 27 of the Act.
If the new policy stipulates that you cannot join a client company for a certain duration of time then it binds you. If you accept the offer your current employer can file a suit for breach of contract and injunction to restrain you from working with the new company. Be that as it may, consult a lawyer with a copy of the new policy.
Since you have no signed the non-competence clause in the initial offer letter, you may ignore the present modification in the company rules, resign properly and join in the company of your choice.
There is no compulsion or obligaion on your part to abide by the latest amendment by the company to which you are not a party.
You mas discuss with your new employer about this stigma and seek his advice for joining his company accordingly.