Joining client in indirect manner
I am employed with company A and have signed clause as" 4.3 Subject to applicable law, during the Employment Period with the Company and for a
period of six months immediately following termination or expiry of such employment
Executive irrevocably undertakes not to, directly or indirectly, in India or elsewhere own,
manage, operate, control, be employed by or participate in the ownership, management,
operation or control of, or be connected in any manner with, any of the company’s or its
associates or partner’s client(s) as it now exists or as it may exist at the time of termination."
Company A is vendor for company B where i am currently deployed and company B has also signed non - poaching agreement with company A for the period of 1 year after contract expiry.
But company B which is our client want to hire me but due to these agreement accnot hire me directly. So company B has decided me to take on behalf of company C and after 1 year company B which is client will hire me.
Following are my queries :
1 Can my current employer restrict me to work on same project on behalf of company C as in agreement it restrict to be employed with company A but not with C as C is neither client nor competitor.
Kindly advice as project between A & B will continue for long term and other resources from A also deployed on same project and i will also be on same project but on pay roll of company C. I am working at senior executive level which is 2nd lower level in hierarchy.