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Non compete - due to market condition i have joined a competitor - CiteHR

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ksparate
I have signed a non compete bond 2 years ago with my ex company. now they forced me to resigned myself due to market crises. in bond clearly mentioned that i can not join the competitors. but due to market condition i have joined competitor. pl. tell me can my ex company put a case against me?
From India, Thane
nathrao
3124

When did you join the company and when did you leave??
What capacity did you serve the company?
Please post the bond on the forum (with personal details masked) to read and then comment.
As long as you are not divulging trade secrets of your ex employer,there may not be a problem.
But members an comment only if more details are given-wording of the bond,nature of present work etc.

From India, Pune
riteshmaity
243

First, bond is illegal and at most through a bond a company can only recover the amount spent on training of an employee.
Forcing you to resign is illegal and you can take legal actions. If there is lack of job or financial crunch, then your company can remove you from your service through the method of retrenchment and in that case you are entitled to retrenchment compensation.
Lastly, no employer can stop you from joining a competitor company even through a bond as per Supreme Court. I have a specific blog post on this issue - https://labourlawhub.com/2016/02/19/...ts-competitor/
Check my blog at www.labourlawhub.com

From India, Kolkata
Dr.Ashoke K Maitra
1

Bonded labour is abolished long ago. Resignation is an act of will and no employer can force you to resign. Their is a case of Pepsi Vs.coke in which the hon.Supreme Court has held that every Indian has a constitutionl right to work in any company in India. You don't need to worry.
From India, Mumbai
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