Employee Non-Compete Agreement
Hello Experts,
I'm working as a subcontractor through a payroll registered in Pune, India (company A) and Opsvision (Company B in US) to their Client (Company C in US). I have been working a Technical support Engineer role directly reporting/working with Company C. The payroll company A and company B is just acting as a middleman to connect to Company C. Hence, Company A and myself signed a contract for 1 yr and it has the Non-Compete and Non solicitation mentioned. This payroll company has just been processing my salaries and nothing sort of direct work involved with them. For Company A and B I'm not involved or doing any job.
Now, I am getting a direct offer from Company C to work with them in the same role. Is this agreement valid ? Am i not allowed to join company C for the same work i have been doing for the past 3 yrs.
Agreement Section
NON COMPETITION During the period the Employee is employed by the Company, and for one year following termination of her/his employment/Training by the Company, She/He will not directly or indirectly (a) own, operate, manage, or control; or (b)serve as officer, director, partner, Employee, agent, consultant, contractor, advisor or developer; (c) have any direct or indirect financial interest in, or (d) perform any services for, the Company's competitors or any other entity which is direct / indirect competition with the business of the Company.
9. The Employee hereby acknowledges that She/He fully understands the business of the Company and appreciate the adverse impact of a breach of this Clause. During the period of the employment/Training or after her/his employment/Training with the Company, She/He shall provide support to and co - operate with the Company in protecting its intellectual property rights and business.
10. NON-SOLICITATION The Employee agrees and undertakes unconditionally that She/He will not, directly or indirectly solicit any Employee of the Company for herself or for any other person or entity during the tenure of the employment/Training or during the period of service to the Company, under the terms of any employment/Training agreement, consulting agreement, independent contractor agreement or otherwise, and for a period of one (1) year thereafter.
16. JURISDICTION This Agreement will be governed by, and construed in accordance with, the laws of India. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Pune, Maharashtra, in any action or proceeding brought to enforce or otherwise arising out of or relating to this Agreement, and the Employee hereby waives (I) any objection to venue in any such court and (ii) any claim that such forum is an inconvenient forum. The Employee further agree that She/He will not bring any action related in any way to this Agreement in any jurisdiction other than a court located in Pune,
Maharashtra though the Employee hereby permits the Company to bring any action or proceeding in any court having juris