Non Solicitation

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Dear Amit,I have observed such conditions in many companies where appointment letters are issued to employees. This condition goes against the constitution of India and is not enforceable as it violates fundamental rights. Therefore, do not worry. You can respon...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Dear Amit,The full text of the "Non-Solicitation clause" and other related clauses is not provided here. However, if it were to be an 'omnibus' clause without restrictions like the number of years for joining any of their competitors, what happens if it is breac...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Hello Amit,As Sharmila Das mentioned, please give more details about the clause being referred to – as this aspect can differ from company to company. In principle, the answer to your query ['…do I have to answer this letter'] is a BIG YES. If not, you stand the...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Hello Amit,I might be replying to this late and hope you have settled the case with your previous organization. Having read through the clause your previous organization sent to you, I doubt they understand it themselves. The interpretation of the clause (quoted...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Dear Mr. Amit,It would be great if you could elucidate the clause details to determine whether the indictment is worthwhile. Moreover, the basis of your question is weak without any other details such as your organization type, your role, and department, etc.Als...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Hi,In continuation of my query i would like to quote some text from the recieved letter as below:“We would like to highlight in case of joining the above mentioned organisation, you would be breaching your obligations relating to Non Solicitation clause of your ...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Hi,Thank you for your suggestions and explanations. However, my full and final settlement has not been completed with my previous employer yet. My relieving letter, experience letter, and salary are still pending with them. Could you please advise me on how to p...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

You can forget about getting your F&F; they are not going to give it to you. You can file a complaint if you wish with the labor officer, but it's a waste of time. Speak to your HR department and get their opinion. Ensure they are clear that you will not be able...

Letter Received For Breach Of Non Solicitation Clause.(19/Jan/2013)

Mr. Amit and all others;Please read the SC judgment in the case Superintendence Co India (P) Ltd vs. Krishna Murgai (AIR 1980 SC 1717), in which the court held that such restraining clause is against the Indian Contract Act. As such, you can ignore the notices. ...

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