I am currently working with XY client in my current organization. I have recieved offer letter from client organization for same role but different project. Can I join my client company. Also what if current employer doesn't give NOC. Also I have my offer letter I want to check if I have any non compete clause I searched in my offer letter but I didn't get it. Please help me out with this
Dear Sir, There is some risk if you join with your client organization provided it is not the competitor for your current employer.
Dear Client, You are looking for employment with organization while you are employed somewhere else and it is vital to know your legal right with reference to restraint of trade by way of non-compete clause and no objection certificate or NOC. If your offer letter does not specify the non-compete clause clearly then you may join the new organization because contractual clauses that restrict trade are considered illegal by the Indian Contract Act of 1872 but only if they are not reasonable. Although, it is recommended to ensure that you have a clearance from your current employer through a No Objection Certificate to avoid conflict, it is not legally necessary unless and until it has been stated in your contract of employment. If an employer fails to give the NOC you proceed to take a new job, you should understand that there may be consequences. If the offer letter does not have any mention about the non-compete clause, then it means that there is no such clause restricting you but at the same time the clauses regarding confidentiality or non-solicitation also require a close look if any. It is wise to keep some photocopies of all the communication that took place during your working relationship because such writings and records are in most cases helpful when dealing with a law suit. Hope this answer help you.
Present employer = XY. Future employer = Z, who is client of XY. advice:- Without proper relieving order, with permission to join this Z, don't join.
As you are currently working with XY client in current organization & you have received offer letter from client organization for same role but different project you Can join client company if he is ready to accept you even without NOC or you have to see the current employment offer letter that you have signed. If there is any clause relating to your current employment then it may be a problem. As you are also having your offer letter you can get it reviewed / vetted from our legal expert team & you can contact us for further evaluation so that all the legal compliances are done.
