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Author Topic: Non solicitation clause  (Read 783 times)

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Offline aaryan

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Non solicitation clause
« on: April 24, 2014, 05:45:33 AM »
Hi All, Need advice and understanding on below clause of Non solicitation :

Currently i am working as procurement manager with US MNC in India and in my appointment letter which was on the companies letter head which I had signed during joing the company , One of the clause is bothering me as I am planning to join a company as employee which is the customer of existing company , Wanted to understand does this clause stops me from joining the customer to the existing company.

Below is mention in clause :

Non Solicitation:

You will not for a period of of either (i) two years after superannuation or (ii)two years after the employment is terminated for any reason by either party , whichever is later ,Solicit or attempt to solicit any employee , consultant ,customer,individual or entity having a business relationship with the company , whether as an employee , consultant customer or otherwise to terminate or cease such relationship . You further agree that the prohibitions contained in this clause are reasonable as to time , scope of activity and otherwise , and do not impost a restriction greater than is necessary to protect the business interests of the company.

Please advice does above clause stops me from joining the company customer company ? Can I accept the employement of customer company ? If I do so can my existing company take any legal actions against me ?

Will be grateful to get your expert advices on above topic .

Thanks for the replies....


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