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Can i join new company and work for same client
10-Jan-2023 (In Labour & Service Law)
Hi, I signed a non compete agreement with my previous employer, which stated-"after resignation from organization, till 6 months I cannot take employment from client or customer , whom i have interacted in any form" I worked for XYZ client (which was client of my previous organization), now contract between XYZ client and my previous organization is over, and the XYZ client has gone to ABC organization . My query is- Can i join ABC (NEW employer )and work for same client(XYZ). Will it breach non compete agreement? Point to highlight is- I am not taking employment with client, but with ABC (new organization)
Any clause of an agreement cannot be read as a stand alone clause. There may be clauses preceding it which governs it or clauses subsequent to it may have bearing on it. If the statement from an agreement that you have provided is not subjected to any other statements of the said agreement in question than it can be safely said that you can join the new employer.
At times it's not just the agreement but the intention of the parties to it is also of prime importance. Upon the reading of the whole agreement alone can one deduce it’s real intention and import and the subsequent legal consequences in breach thereof.
At times it's not just the agreement but the intention of the parties to it is also of prime importance. Upon the reading of the whole agreement alone can one deduce it’s real intention and import and the subsequent legal consequences in breach thereof.
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Adv. N M Khundmiri
Hyderabad | 25+ Answers
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Dear,
If you want to work with ABC new employer you can, as you will resign your previous employer. Incidentally if xyz client happens to be a client of abc new employer than your previous employer has no say for non compete clause. However, sharing the agreement will get you with the accurate opinion with us.
If you want to work with ABC new employer you can, as you will resign your previous employer. Incidentally if xyz client happens to be a client of abc new employer than your previous employer has no say for non compete clause. However, sharing the agreement will get you with the accurate opinion with us.
Helpful?
42+
42+
Adv. Vikram Chandra
Hyderabad | 100+ Answers
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