kingofnowhere Posted February 25, 2015 Share Posted February 25, 2015 Hi I am currently working with contractor 'A', and contracted to a client. Now a new contractor 'B' would like to hire me to work for the same client (better pay & client switching from contractor 'A' to 'B') and the client is ok with it. But 'A' has a clause in my work agreement that I shouldn't go back and work / contract to the same client within 60 days of my last day with the client under 'A'. Want to know if this clause is valid and can 'A' impose such restrictions legally. Let me know your thoughts. Thanks Quote Link to comment Share on other sites More sharing options...
Parley Posted February 25, 2015 Share Posted February 25, 2015 Yes it would be enforceable if you signed the contract. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted February 25, 2015 Author Share Posted February 25, 2015 hmm ok thanks. Quote Link to comment Share on other sites More sharing options...
Freckleface Posted February 25, 2015 Share Posted February 25, 2015 The reason these clauses are included is to prevent the exact scenario you describe. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted February 25, 2015 Author Share Posted February 25, 2015 hmm ok thanks I have worked in US before and was told these types of restrictions are not legal there. unless the client or the company he/she is moving to has any issues. Quote Link to comment Share on other sites More sharing options...
NickyNook Posted February 25, 2015 Share Posted February 25, 2015 (edited) Those clauses in employment contracts are - in almost all cases - unenforceable. Look up 'restraint of trade'. The right to ply your trade wherever you wish is a common law. I always got those clauses removed from contracts before I signed them (and no agency ever batted an eyelid when I asked for their removal). However just because you did sign a contract containing such a clause does not mean it's enforceable. Edited February 25, 2015 by NickyNook Quote Link to comment Share on other sites More sharing options...
Chortlepuss Posted February 25, 2015 Share Posted February 25, 2015 The clauses in my first contract in Australia pretty much forbade me working ever again in Australia in IT - as it would have stopped me earning a living it was unenforceable. What's the penalty if you switch? Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted February 25, 2015 Author Share Posted February 25, 2015 Hi I am currently working with contractor 'A', and contracted to a client. Now a new contractor 'B' would like to hire me to work for the same client (better pay & client switching from contractor 'A' to 'B') and the client is ok with it. But 'A' has a clause in my work agreement that I shouldn't go back and work / contract to the same client within 60 days of my last day with the client under 'A'. Want to know if this clause is valid and can 'A' impose such restrictions legally. Let me know your thoughts. Thanks The clauses in my first contract in Australia pretty much forbade me working ever again in Australia in IT - as it would have stopped me earning a living it was unenforceable. What's the penalty if you switch? the agreement says - I cant work for any of 'A' 's AUS clients -cannot take or help any one else move from 'A' to 'B' (basically to any A's AUS clients) and i am not gonna breach this -only valid if its legal else the clause is severed if breached it says they would workout a penalty and or withhold in part r full my final settlement for which ever clause i broke that are still legal. Quote Link to comment Share on other sites More sharing options...
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