Analysing Restraint of Trade: Navigation of non-solicit clauses in contemporary employment contracts

Introduction : The most significant asset for any company, in the knowledge governed economy, is human capital. The loss of key employees not only leads to talent loss but also diverts customers in a direction away from the company. Originally, a lot of emphasis was put on non-compete clauses to defend their presence in the market post the termination of key personnel. However, with a strong statutory and judicial response towards such non-compete clauses, the evolved mechanism for ensuring...