Document background
The Staffing Non-Compete Agreement is essential for organizations operating in India that need to protect their legitimate business interests, confidential information, and client relationships. This document is particularly crucial in scenarios involving key employees with access to sensitive information, client relationships, or trade secrets. While Indian courts generally consider post-employment non-compete restrictions void under Section 27 of the Indian Contract Act, 1872, this agreement focuses on enforceable elements such as confidentiality obligations, non-solicitation provisions, and reasonable restrictions during employment. The agreement includes specific provisions for protection of business interests while respecting the constitutional right to livelihood under Article 19(1)(g) of the Indian Constitution. It is commonly used in industries with high employee mobility and significant intellectual property concerns.
