It is now a matter of routine to include restrictive covenants in employment contracts. Such clauses circumscribe the permissible range of actions of the employee to protect the business concerns of the employer. This article compares the judicial approach towards restrictive covenants in India and South Africa. Through such a comparison, the authors attempt to highlight why it is significant to balance the constitutional imperative of freedom of trade and profession with the sanctity of contract, without privileging one over the other. In light of India and South Africa's shared social experiences and current levels of economic growth, the article concludes with suitable changes which should be adopted by the respective judiciaries, combining the existing strengths of each system with lessons learnt from the other.
Govindjee, Avinash and Bhat, Sairam
"Restrictive Covenants in Employment Contracts: A Comparison between the Legal Positions in India and South Africa,"
National Law School of India Review: Vol. 20:
1, Article 2.
Available at: https://repository.nls.ac.in/nlsir/vol20/iss1/2