Can a non-compete clause in my employment contract be enforced against me in Kohima?

Detailed Legal Analysis

Under Section 27 of the Indian Contract Act, 1872, non-compete clauses operating after termination are generally void as restraint of trade, save limited exceptions like sale of goodwill. During employment, reasonable restrictions may be enforceable.

Courts, including the Gauhati High Court, have consistently held post-termination non-competes unenforceable except in narrowly defined scenarios. Employment conditions in Kohima are otherwise regulated by Nagaland Rent Control Act 2015, the Nagaland Shops and Establishments Act, governing notice and working conditions.

Confidentiality and non-solicitation clauses survive and can be enforced. The employer cannot restrain you from earning a livelihood elsewhere after termination.