Скачать или смотреть Validity of Non-Solicitation Clause in Employment

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Employees are made to sign such non-conscionable and non-negotiable agreements which contains a clause of non-solicitation. At times, companies include these clauses in their HR policy and try to threaten their employees if they proceed with healthy competition. Would such restrictions in the agreement, are considered as a “restraint of trade” clause which even the Hon’ble Supreme Court has been reluctant to enforce since the same is barred as per the principles of contract laid down in the Indian Contract Act and is directly against the fundamental right provided to every person i.e. right to livelihood.

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