3 Answers
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.
Dear Client
In India, it is tough to enforce a clause prohibiting an employee from using the same platform or competing with any other company for one year after quitting the job if such clause acts as a non-compete clause in employment termination.
Section 27 of the Indian Contract Act, 1872 generally makes agreements restraining a person from exercising a lawful profession, trade or business void to the extent of the restraint. In Percept D’Mark (India) Pvt. Ltd. v. Zaheer Khan, The Supreme Court further said that any deal which goes past the contract itself is generally considered unenforceable under Section 27.
Therefore, your previous company cannot generally prevent you from joining another organization simply because the new job involves the same platform. This does not imply that all covenants are always unenforceable after employment. Confidentiality obligations, protection of trade secrets and certain restrictions against misuse of proprietary information may remain enforceable, depending on their terms and the facts.
You should review the exact wording of the agreement to determine whether it prohibits competing employment, use of confidential information, solicitation of clients or employees, or some other conduct. These restrictions are legally distinct.
Keep a copy of the agreement and any communications from your former employer. In the case that the company considers taking legal action, it would be wise to seek out the opinion of an employment lawyer.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear client,
Such a clause is likely unenforceable. Section 27, Indian Contract Act, 1872, voids restraints on practicing a lawful trade after employment ends, A blanket 12-month bar on working on the same platform reads as exactly this kind of restraint, so it's void, though the exact wording matters, since a narrower clause tied to specific trade secrets or named clients could be treated differently.