• Non-compete restriction

I am working with my current employer in the airline business. The company is financially stressed. For job security I interviewed with another company and after succesful completion of the selection process I signed an employment agreement. This employment agreement barred me from joining any other company in similiar line of business after leaving my current employer. I now have another job offer from a third company. I wish to join this third company, however the non compete clause of the employment agreement of the company I was intending to join is coming in the way. How do I get out of this non compete clause of the second company.
Asked 3 years ago in Labour from Panaji, Goa
The clause is included in the agreement with the intent to protect the company and such clause is commonplace in all companies. I am sure your agreement also would include termination clauses. If you manage to comply with them ie., serving the required notice period or foregoing basic salary as the case may be, you would be free to join any company.
If you need to sign a non disclosure form do so to obtain permission from the current Employer to leave the job.You don't need to be secretive as it is within your rights tio move on when a better opportunity knocks at your door.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. Your employment agreement signed with the company you intended to join comes into effect only after your having joined the said Company & not before that,

2. You can safely join the 3rd Company Company if you have not joined the 2nd Company since the employment agreement signed with the 2nd Company will become frivolous if you do not join them.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

You can write to your second company explaining your inability to join them and that since you have not started working with them, it would be in the best of interest for both of you to exit the agreement peacefully.  Make sure you don't have any clause in the said agreement as regards serving a notice before leaving the company.
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

agreement on terms is contract but you can take plea of standard form contract.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers

4.5 on 5.0

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