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ARTICLE · 26 JULY 2017

"Enforceability Of ‘Non-Compete Clause' Under An Employment Agreement"

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In this era of globalization, where the success of any body corporate largely depends upon sensitive processes, technological supremacy, and trade secrets...

IndiaEmployment and HR

In this era of globalization, where the success of any body corporate largely depends upon sensitive processes, technological supremacy, and trade secrets, the employers are keen to take all forms of protective measures for safeguarding such confidential information from any kind of leakage. Consequently, these concerns have resulted in common acceptance of the "Non-Compete Clause" in various employment agreements and other forms of agreements for restricting the employees and/or former employees from pursuing similar profession or trade with the competitor of the employer after the cessation of employment. Though the last few decades witnessed an overwhelming acceptance of the concept of "Non-Compete Clause" by employers, the origin of the concept can be traced back to the mid nineteenth century.

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