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The Relieving letter with superfluous clauses.

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This is to certify that I have worked with the Company in the position of ____ from ____. I was relieved from my duties as of my last working day. Please be aware that all clauses and terms regarding non-disclosure, non-compete, and non-solicitation as accepted and signed by me in the offer letter are still applicable for a period of 12 months after my departure and any breach of the same could lead to potential legal consequences. I am requested to continue adhering to the related policies and clauses. My contributions to the organization and its success will always be appreciated. I wish the Company all the best in its future endeavors. HR Manager’s name and signature. I am wondering if this relieving letter will be suitable for me in the future. Will this letter (with clauses) affect me in taking out loans, visa applications, or higher studies? I have my last three months’ salary slips, appointment letter, bank statement of salary account, Form-16, and ITR of two years. Any advice would be greatly appreciated. Thank you for your time.

  1. Generally speaking, Non-Compete clauses for employees are not legally binding in India. As such, your employer’s actions are not in accordance with the law and they cannot prevent you from joining a rival firm or force you to stay with them, regardless of any agreement you may have signed. The most they can do is seek reimbursement of training costs in certain circumstances. Nevertheless, you must be mindful not to divulge any business secrets to your new employer, as that clause of the NDA is enforceable. This does not mean you cannot use your knowledge, but you must be aware of what is considered confidential information of your former employer and not disclose it. It is usually best to part ways with your employer on good terms, but if that is not feasible, be prepared to face the consequences. When a potential employer does a background check, this company may give a negative review. Therefore, when applying for a new job, make sure to inform HR of the issues you had with the previous employer beforehand.

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