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Currently I am working with consulting company and deputed…

HI,Currently I am working with...
HI,Currently I am working with consulting company and deputed in client place, working for client more then 7 year from consulting company. Based on my interest applied job position on client career portal. Gone through the interview process and seleted for full time job role. Client has sent offer letter. Informed my current company about resignation and joining client company. Current company manager and senior persons saying that you can't join client company, there will be 12 months restraint period based on employment agreement. I am in the middle of confusion whether to join client company or not? Any legal issue do I need to face? I don't want to spoil with career. Required advise, whether it's legal and good to join client company. Currently I am on notice period. Thank you
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Answered in 5 minutes by:
1/16/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,781
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,479
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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do you have a copy of the restraint you can upload ?

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Customer reply replied 4 months ago
I will upload it

ok , thank you

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Customer reply replied 4 months ago
Uploaded employment contract

I have had a review, the restraint is restrictive which will limit your capacity,

would you like to have a talk on the phone, I have sent you a special offer, please have a look

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,781
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
any further advise on the steps?

just accept the call offer and I will talk you through over the phone

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Customer reply replied 4 months ago
I have accepted it. Provide my private number. Thank you

ok,

I am just waiting for the system

if you used paypal, you need to put a credit card in the system to it release the phone details to me.

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Customer reply replied 4 months ago
ok no problem, I will wait for your call. Thank you

you are most welcome

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Customer reply replied 4 months ago
Any further update?

no update yet not sure the issue

try selecting the offer again

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Customer reply replied 4 months ago
I can see money charged for the call.

not sure what happen to the system.

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Customer reply replied 4 months ago
ok. No worries. So company has rights to apply restraint period, if I join client?

yes

based on what I reviewed

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Customer reply replied 4 months ago
ok. Is there any way I can avoid this restraint period?

yes and no

it will depend on negotiating with the employer

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Customer reply replied 4 months ago
based on my knowledge, applied job position on my interest and also joining different role from the currently working. Is that something helpful

you need to get a release from the employer

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Customer reply replied 4 months ago
as per my conversation with current employer, they don't any reason to avoid restraint period. But in past few people joined client without any issues.

that is the chance you take.

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Customer reply replied 4 months ago
I thought it's not reasonable to apply any clause on my work rights in Australia. Contacted few people , they advised that no one can apply any restraint clause. They will tell you all these to retain back. So I want to clarify my contact with you and proceed further without any issues with my career. Let me know if you want to advise other thing on this matter

there us many factors that need to be taken into account with such assessment

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Customer reply replied 4 months ago
ok. What is your final advise to go with client offer? Will it be safe to continue with current employer. Thank you

negotiate the restraint.

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Customer reply replied 4 months ago
ok thank you.

you are welcome

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John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
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