1 Answer
Dear Client,
Based on the facts provided, the clause in your previous company’s agreement that restricts you from working on the same platform for 12 months after termination is generally unenforceable under Indian law. Such post-employment restrictions are considered a restraint of trade under Section 27 of the Indian Contract Act, 1872, and courts have consistently held that employees cannot be prevented from pursuing their livelihood in the same industry or platform after leaving a job.
You are therefore legally entitled to join a new company, even if it operates on the same platform. Unless you have received specific monetary benefits tied to the restriction (such as a severance package with conditions), there is no financial liability. The only risk may be if confidential information or trade secrets are misused, which is treated separately under law.
Given the importance of protecting your career interests and ensuring compliance with contractual obligations, you may take a one-on-one consultation with our office to review the agreement in detail and safeguard yourself against any potential claims.
Hope this clarifies your position.