Non-Compete Clauses in India: Between Contractual Control and Constitutional Freedom
The idea that an employee cannot join a competitor or start a competing business after leaving their job is not new. Employers across industries insert non-compete clauses in appointment letters or have employees sign non-compete undertakings during employment, often without much negotiation. These clauses, though common, carry serious enforceability issues under Indian law — particularly […]
The Illusion of Retainership: Why “Consultants” May Actually Be Employees Under Indian Labour Law
In the ever-evolving landscape of workforce management, many organizations today are exploring flexible engagement models—especially in sales and retail environments. A common trend is the appointment of individuals as “retainers” or “consultants” to drive sales from company-owned stores, third-party counters, or partner retail formats. While such nomenclature may appear to provide operational flexibility and cost […]