Delhi HC reiterates legal right to switch jobs

Looking for better job prospects after quitting? The Delhi High Court says that's legal; your right—and no company can take it away.

- Shruti Kakkar

NEW DELHI:

In a significant ruling aimed at curbing the misuse of restrictive employment contracts, the Delhi High Court has ruled that employers cannot prevent former employees from taking up new jobs, including with their clients or associates. Any clause that forces them to choose between going back to their old boss or staying unemployed, the ruling declared, is not allowed under Indian law.

"An employee cannot be confronted with the situation where he has to either work for the previous employer or remain idle," said Justice Tejas Karia. "Freedom of changing employment for improving service conditions is a vital and important right of an employee."

In its June 25 judgment, the court ruled that post-employment non-compete clauses—common in contracts across sectors—are "void" under Section 27 of the Indian Contract Act. This provision invalidates any agreement that restrains someone from pursuing a lawful profession, trade, or business.