View Poll Results: is this law correct for comapnies to take declaration on future ?
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Thread Started by #joshi

I have recently resigned from a ltd company and asking them to relieve me in 30 days
according to my offer letter we need to serve 90 days notice period or pay amount for shortfall of notice period .
and also we can not join any competing company fr next 6 mths .
As of nw i have reasigned due to raeson of my marriage and reloaction , but i can also see there is possiblity my marriage my extend fr 18 mths due some medical problems of some inlaws . but simaultaneusly i have also recd an offer from competing company to join them .
Now my early company is asking me to give them a declaration that i will nt join any organisation for next 3 mths .
Definatly i can nt predict on future what will happen tom , if god sake somethings happens do i need to sit at home doing nothing and face financial problems ?
what is the clause according to law ?
Regards ,
Joshi
20th May 2011 From India , Pune
Hi Joshi... Congratulations for your decision to enter the marital bliss.

I understand that your employment letter/contract was drafted by your employer and the same is one sided. Nevertheless, if the company has requested you to serve 90 days notice then try to negociate and document such negociation over email that you are willing to serve 30 days notice and complete your responsibilities of handing over with this 30 day period. Also mention that you are ready to pay/buy the balance 60 day notice period. Always ensure that you have the pay/buy amount ready before you leave the organization.

As regards working in competing companies, many private companies keep such restrictive clauses thereby to restrict employees to join their competitors. The Indan law per se does not bar any person to work for competitor companies. Also, the constitution of India provides every citizen of India a right to employment anywhere in India, hence such a fundamental right cannot be curbed by a private company through agreements. In the past the Courts in Inda has heard similar cases where the Court has opined that the private companies cannot restrict an employee to his right to employment.

I would recommed that you should refrain from giving such declaration that "you will not be working with competitors".

You should draft your correspondence/letters between you and the company very carefully as they might be used in the Court of law as evidence, against you in future.

RoyS
2nd June 2011 From India , Delhi
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