Article
Enforceability Of Post-Employment Obligations In India
Almost every employer in India has a template appointment letter with a confidentiality and non-compete clause tucked into it. Almost every employer also discovers, usually on the day a senior employee resigns and joins a competitor, that the clause does not do quite what the HR team believed it would. The question we are asked most often by clients is a simple one: “Can we stop him?” The honest answer is that it depends on what exactly we are trying to stop, and on how the obligation was documented.
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