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    NON COMPETE CLAUSES

    Non-compete clauses: Unenforceable under law, but companies love them

    While Indian law is clear on the unenforceability of a non-compete clause operating beyond the term of employment, companies still include it in contracts, particularly for senior executives, as it’s seen as a soft deterrent, said Jay Parikh, partner at Luthra and Luthra Law Offices. Employees would rather comply than bear litigation costs and carry the burden of being sued by their previous employer.

    Non compete clauses in C-Suite executive employment contracts: The dos and don'ts

    Non-compete clauses aim to restrict employees from using confidential information for competitive purposes after their employment. Breaching the clause can lead to legal repercussions, damage to reputation, and financial penalties.

    IT freshers beware! Non-compete clauses woven into contracts are unenforceable in India, experts say

    Indian IT companies are using non-compete clauses in their contracts to deter new hires, but legal experts argue that this tactic is not enforceable in India. Non-compete agreements, ranging from six to twelve months, are a standard feature of contracts from major Indian IT companies like TCS, Infosys, Wipro, HCLTech, and Tech Mahindra.

    Companies tightening contracts to make exit tough for senior executives

    Indian cos are tightening employment contracts for top executives to make them more binding by incorporating stricter non-compete and non-solicitation clauses. This is in response to intense competition for senior talent and rampant poaching of C-suite brass. Contracts and policies are being made tighter to make an exit difficult, including longer notice periods and extended non-poaching contracts.

    IT executive exodus: a primer on breach of contract, lawsuits

    IT major Wipro has filed at least two legal complaints against its former senior executives including former senior vice president Mohd Haque and ex CFO Jatin Dalal for breach of his employment contract with Wipro. What does this mean?

    Explainer: A primer on breach of contract, lawsuits

    Wipro and Infosys are pursuing legal action against former executives joining Cognizant, raising questions on non-compete clauses' validity in India. While Wipro sued ex-SVP Mohd Haque and CFO Jatin Dalal, Infosys accused Cognizant of unethical hiring. Experts note the challenges enforcing non-compete clauses due to constitutional rights. Past cases lack significant precedents. The desperation to retain talent amid a sluggish market and geopolitical uncertainties might be driving these legal battles among IT giants.

    The Economic Times
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