I Need advice for NDA and Non Compete agreement

875 votes

You can sign it without hassle. Though legal for the employer to ask an outgoing employee to refrain himself from joining its competitors its a mere formality. Nobody is going to keep watch on you. You can also tell your new employer not to share any information about you with any individual or company without your consent. Moreover, if you join private sector nobody can seek information about you under Right to Information Act as well. So, do not worry at all.

Advocate Ujwal Deshpande LawRato

650 votes

Peruse your employment agreement probably there would be a clause to that effect. If no clause then you can refuse to agree and say condition not within my employment agreement.

If the clause exists, you may reply that this clause is hit by s27 clause or void.

Legally Section 27 in The Indian Contract Act, 1872 considers all contract void.. Exception are mentioned under s27.
27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. —Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void." Exception 1.—Saving of agreement not to carry on business of which goodwill is sold.—One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business.

You have all right to refuse to sign contract that restrain you from taking employment elsewhere ...

You cannot be forced to sign such agreement and no one can withhold your F&F solely on this grounds.

Advocate Rajesh Singh LawRato