Multiple Choice Questions on Where an employee enters into an agreement with his employer not to engage in similar work after the........... for Rajasthan Judicial Services (RJS) Preparation

Valid and Void Contracts

Indian Contract Act (ICA)1872

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Indian Economy - Understanding the basics of Indian economic system

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    Where an employee enters into an agreement with his employer not to engage in similar work after the termination of this service, the agreement is

    Valid

    Incorrect Answer

    Void

    Correct Answer

    Enforceable 

    Incorrect Answer

    Voidable 

    Incorrect Answer
    Explanation:

    - When an employee agrees with the employer not to take up similar work after leaving the job, this is called a "restraint of trade" agreement.

    - According to Section 27 of the Indian Contract Act, any agreement that restricts someone from practicing a lawful profession, trade, or business is generally void.

    - Exceptions exist for the sale of goodwill, where reasonable restrictions are allowed, but not for ordinary employment contracts.

    - Hence, such non-compete agreements in standard employment contracts are not enforceable by law and are considered void.

    Correct Answer: Option 2 - Void


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