India Expat Forum

non compete in India

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taras

From: United States

1/21/2006 09:33 EST

I am contemplating joining an Indian based company, and they are asking that I sign a 2 year non compete, that would restrict me for recruting other employees or clients. Has any expat out there have an experience with non compete in India? In the US, the law requires it to be limited in time and in geography, and in most companies, It is only for one year, and the non compete becomes obsolete when one is terminated. What is typical practice in India? This particular company has businesses all over Asia and the Middle East, and would not to "be prevented to make a living" (verbage from the US law) after them.

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bsrikiran

From: United States

1/24/2006 10:28 EST

it is a common practise as far as i know...

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abhinavvora

From: India

7/1/2006 11:47 EST

I had a few issues with the wording of my NDA and all I needed to do was discuss it with different levels of managements to have it clarified and changed.

One thing that I heard at all levels was "but we have never enforced it ... " and they would proceed to give an example about an employee who might have threaded on the border of some clauses. Another thing they said "but all X employess of the company have signed it .. " Well, easy arguments to win! Ahh and one was very creative (and perhaps true): "its for our investors, they feel more secure"

Do tell us how you went with it.

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