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Company not giving permission to join counter company. What can i do?
21-Apr-2023 (In Labour & Service Law)
I was an employee of a BPO for one year. Due to dignity issue I left this company and joined its counterpart who is also running the same business. But my first company came to know about it and informed the client in Canada wherein I was forced to quit this second company.
After the completion of cooling period of 4 months I tried to join the second company but I was not given the job since my first company did not give permission.
My question is that under Indian penal code can a company take such an action? Specially when this is a free democratic country.
Before we give our opinion, we need to inform you that we need to peruse your employment contract. However we are giving the following opinion based on the information provided by you:
As you have stated there was a cooling period of 4 months which implies you were not allowed to join a company in the same business for a period of 4 months which you had violated. So you were at fault. And the company has all the recourses available to them under the contract as well as the law to proceed against you. However they chose to merely inform your second company.
Now after the period of 4 months, your ex-employer cannot stop you from joining any company as the contractual provision only provides for a period of 4 months. Your ex-employer has the freedom to give a positive or negative feedback to other companies if asked for.
As you are stating that you are not able to join the second company because they are not letting you. We need to understand what you mean by this. They cannot legally stop you from joining a competitive company unless there is a specific clause in the Contract. So if you can be clear as to how they are not giving you permission?
If your ex-employer is lowering your reputation in the eyes of other company, then you can file a complaint for criminal defamation.
You can also file a civil suit for defamation claiming damages from your ex-employer.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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