Non compete clause
I am a musician. I joined a private music Academy in june 2018 and started teaching indian classical music there..
At the time of joining Academy the owner lady made an agreement on simple papers (not on stemp paper or revenue stemp) and she added the a non compete claus, which was as under;
NON-COMPETE CLAUSE - You are not allowed to start your own music school/institute or any other activities that are in the competition of organisation for the period of 5 year after leaving organisation within the radius of 15 kms from any organisation center anywhere in the country. Should you wish to do so, you will need to put up a request to the Academy Management and after a sufficient financial settlement resulting from the losses incurred at Academy due to your actions, permission may be granted (slightly changed)
I worked there for almost 13 months. As a musician i was not allowed to perform in private shows and thats why i decided to leave the academy. I gave her a notice of leaving.
At the time of leaving she gave me another letter and asked me to sigm the letter with 2 witnesses. And she also told that she will give the cheque of my last month salary and security deposit only if i sign the letter, the content mentioned in the letter was as under; ( security deposit-every month she deducted 1500 rs as security deposit, and which can be given to me at the time of leaving)
Letter:
I confirm that I have not violated the non-compete clause mentioned in the work contract between (Me) and (Academy). Also, I confirm that I will not violate the non-compete clause mentioned in the work contract between (Me) and (Academy)
Below is the extract of the Non-Compete Clause
NON-COMPETE CLAUSE - You are not allowed to start your own music school/institute or any other activities that are in the competition of organisation for the period of 5 year after leaving organisation within the radius of 15 kms from any organisation center anywhere in the country. Should you wish to do so, you will need to put up a request to the Academy Management and after a sufficient financial settlement resulting from the losses incurred at Academy due to your actions, permission may be granted (slightly changed)
In case a violation is discovered, (Academy) will claim 19000 Rupees per student who is compromised. In case if I am unable to pay, Academy will claim the same amount from the two witnesses that I have mentioned below.
In case the amount is non-recoverable, Academy has all the rights to go the court for settlement.
I signed the letter as i was in need of money. After depositing the cheques i found thay she stopped my payment.just because i joined another Academy. In that area.
I want to know what steps i can take to get my payment and is it illegal to work according to her non compete clause?