On the basis of the case law adopted by the Indian courts, the test for determining the adequacy of the restrictive agreement in question is carried out on the basis of the following points: Prohibitions of competition are generally considered to be the most restrictive activities of the person after termination of employment (and are therefore generally the least acceptable), the non-recruitment of agreements with clients is considered a little less restrictive and the non-recruitment of work Ehmer agreements are the least restrictive. The applicability of these alliances is often debated in Canadian courts. And almost everywhere, the less restrictive an agreement on the worker`s activities after the employment relationship is, the more sensitive the courts will be to their application.

Share