What is your legal opinion on the enforceability of non-compete clauses in employment contracts in India?
In India, post-termination non-compete clauses in employment contracts are generally seen as unenforceable as they are considered a restraint of trade under Section 27 of the Indian Contract Act, 1872. However, during the term of employment, an employee can be restrained from engaging in competing activities. Each case depends on its unique facts and circumstances.