Non-Compete Provisions Under The Indian Contract Act and its Applicability: An Analysis

Harish Nambiar, Vice President – Legal, General Counsel (Atos|Syntel), General Counsel (Atos – India) and Compliance Officer, Atos Syntel

It is a common practice amongst employers in India to have a provision incorporated into the employment contracts that in some fashion restricts the employees from pursuing activities contrary to the business interests of the employer. While it is settled in law that such a restriction will be enforceable during the term of the employment, questions are raised on what happens to those restrictions after the employment ceases.