Employee mobility restrictions: a review of India’s sustained approach at restraining the restraint, in light of global trends on non-compete bans

Introduction

In a typical employer-employee contractual relationship, employment contracts and non-compete covenants have arguably enjoyed a yin-yang relationship. Non-compete clauses have been standard in employment contracts world-wide, operative both during and in almost the majority of cases, beyond the employment term for limited durations. Globalisation, increased employee mobility, expanding gig economy, flexible workplace dynamics and technological advancements have introduced additional workforce complexities for employers, resulting in an urgent need to protect legitimate business interests.

Please click here to read the full article by Gerald Manoharan and Sonakshi Das, published in IBA.