Confidentiality agreement with non compete clause? - confidentiality agreement clause
When I am, I started my job (in sales), I had to sign a confidentiality agreement. in it is a non-compete clause, say such a thing can not compete with them directly or indirectly. What does this mean I can not work for another company in the same industry? I can understand that the agreement, the technology to a secret that I have learned from their work, and they do not share it with my new employer requires. can not work for another company in the same industry or simply secret DONT BLAB business?
Sunday, January 3, 2010
Confidentiality Agreement Clause Confidentiality Agreement With Non Compete Clause?
3 comments:
You really need to consider the agreement.
1. There should be a deadline in the agreement.
2. In general, are something very special.
Now when you say "in the same industry if we are talking about something as detailed as" drugs ", then you would be able to work because there would be a competitor. But if" software companies ", and previously for worked provider of accounting software, and now it will work for the manufacturer of video editing software, is the same area, but no such thing as a competitor.
Similarly, we can not talk to anyone about trade secrets, not even a competitor who is not the case.
The Supreme Court said in India Dye order that the general prohibition does not Alltime with a competitor, may work no reasonable person will be accepted, but not that reasoble rest Rita, a competitor in a particular area in which they join for a limited period of work, ie 3 to 6 months.
A non-compete or not compete obligation (CNC) is a term used in contract law under which one party agrees (usually an employee) to conduct a similar profession or trade to compete against another party (in usually the employer). Since the provisions of the Treaty, the NCC is bound by traditional contract requirements, including the doctrine of consideration. The use of these clauses is made to the possibility that their dismissal or termination may, employees working for a competitor or starting a business, and gain a competitive advantage through the misuse of a thorough knowledge of the operation - the company for releasing trade secrets or confidential information about its client / customer lists, business practices, products and future marketing plans.
In contrast, a company can not take the advantages of an agreement on competition in order to prevent an employee from working elsewhere at all. Most of the countries in which such contracts have been reviewed by the courts regarded as legally binding, while the clause contains reasonable limitations as to geographical area and TimE period in which an employee of a company can not compete. The courts have to decide that, necessary as a matter of public policy, an individual can range from the implementation of a measure that has been formed, except to the extent, to protect the employer, not prevented.
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