Is non compete and non solicitation in an employment contract enforceable?

Both types of clauses are generally enforceable during employment. However, in India, (a) post-employment non-compete clauses are generally not enforceable due to Section 27 of the Indian Contract Act (which, very simply, voids restraints of profession or trade), unless very narrowly defined and reasonable; and (b) post-employment non-solicitation clauses (preventing soliciting former clients/employees) are generally more enforceable if they are reasonable, protect a legitimate business interest, and don’t amount to a complete restraint of profession or trade.

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