This assumes that the company also establishes the minutes of the details for the employee in the form of a written document linking the employer and the worker. Such a document, by which an employer defines the framework of cooperation with the company for the worker, is the employment contract. Negative agreements, which are effective during the duration of the employment contract, are not subject to section 27 of the act; During the activity ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________il is considered untouchable. The validity of such restrictive agreements is examined on the basis of considerations relating to the duration and space of limitation to the criteria of reason. Given the above and the approach of the courts (as explained here briefly), the protection of the rights of a worker looking for a worker takes precedence over the protection of the interests of the employer who wants to protect himself from competition. The courts have generally held that the right to workers` livelihoods must prevail despite an agreement between the employer and the worker. In addition, the courts reject any form of deference at the end of employment, since deference is seen as a mechanism for restricting a person`s freedom of choice or livelihood. It could be said that the removal of post-employment restrictions is due to the fact that such restrictions are permitted, that the worker would be unduly limited to work, or that he would be unfairly discouraged from using the skills and knowledge acquired. The above definition of non-competition clauses might seem very simple and simple; However, such competition bans have a considerable impact. The Indian Contract Act of 1872 (the Act) deals with the legality of these competition prohibitions.
Under Section 272 of the Indian Contract Act, the 1872 trade agreements on trade restrictions were not concluded. In Diljeet Titus v. Alfred Adebare e.a. (2006(32) PTC 609 (Del)) the defendant, a lawyer, practised in the applicant`s law firm. Upon termination of the employment relationship, the defendant took with him important and confidential business data, such as client lists and property projects owned by the applicant.