The Supreme Court of India has ruled that contractual provisions requiring employees to pay a certain amount if they resign before a specified period may be considered a restraint on trade. The court emphasized balancing employer retention efforts with employee career mobility. This decision aims to protect employees’ rights while considering employers’ interests in retaining talent.
The article is authored by Partner, Preetha Soman, and Associates, Tia Matthew and Rebecca Thomas, published in International Employment Lawyer.
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Preetha is a labour and employment law expert, having close to ten years of experience. She has over the past decade, worked on a wide range of complex and intricate labour law matters.