Non Compete Release Letter for India

Non Compete Release Letter Template for India

A Non-Compete Release Letter is a formal document used in India to explicitly release an individual or entity from previously agreed non-compete obligations. Under Indian law, while non-compete clauses during employment are generally enforceable, post-employment restrictions are typically void as per Section 27 of the Indian Contract Act, 1872. This document provides clear documentation of the release, specifying the scope of obligations being discharged, effective date, and any surviving obligations. It serves as important evidence of the formal termination of non-compete restrictions and helps prevent future disputes regarding competitive activities.

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What is a Non Compete Release Letter?

The Non-Compete Release Letter is utilized when an organization wishes to formally discharge an individual or entity from existing non-compete obligations. This document is particularly relevant in the Indian business context, where the enforceability of non-compete clauses is strictly regulated by the Indian Contract Act, 1872, and related jurisprudence. It becomes necessary when employees transition between companies, during business restructuring, or when companies decide to modify their competitive restrictions. The letter typically includes references to the original agreement, specific obligations being released, effective date, and any conditions attached to the release. This document is crucial for risk management and maintaining clear records of modified business relationships, especially given that Indian courts generally void post-employment non-compete restrictions while recognizing during-employment restrictions.

What sections should be included in a Non Compete Release Letter?

1. Letter Header: Company letterhead, date, and address of the recipient

2. Subject Line: Clear indication that this is a Non-Compete Release Letter

3. Salutation: Formal greeting to the recipient

4. Reference to Original Agreement: Details of the original non-compete agreement including date and parties involved

5. Statement of Release: Clear and unambiguous statement releasing the individual from non-compete obligations

6. Effective Date: Specific date from which the release becomes effective

7. Closing and Signatures: Formal closing, space for authorized signatory's signature and company seal

What sections are optional to include in a Non Compete Release Letter?

1. Surviving Obligations: Used when certain obligations (such as confidentiality) remain in effect despite the release of non-compete

2. Consideration: Include if there is any payment or consideration being given in exchange for the original agreement

3. Conditional Release: Used when the release is subject to specific conditions that must be met

4. Mutual Release: Include if both parties are releasing each other from reciprocal non-compete obligations

5. Governing Law Confirmation: Include when there's a need to explicitly confirm the governing law, especially in inter-state matters

What schedules should be included in a Non Compete Release Letter?

1. Original Non-Compete Agreement: Copy or reference to the original agreement being released

2. Specific Obligations Released: Detailed list of specific non-compete obligations being released, if the release is partial

3. Authorization Documentation: Evidence of authority to execute the release (such as board resolution), if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant Industries

Information Technology

Pharmaceuticals

Financial Services

Management Consulting

Manufacturing

Professional Services

Healthcare

Telecommunications

Research and Development

Retail

E-commerce

Software Development

Relevant Teams

Human Resources

Legal

Executive Leadership

Research and Development

Sales

Business Development

Information Technology

Operations

Finance

Product Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Technology Officer

Senior Software Engineer

Research Director

Sales Director

Business Development Manager

Project Manager

Department Head

Managing Director

Chief Financial Officer

Regional Manager

Product Manager

Technical Lead

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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