03 Aug 2026
Non-competes fail to protect CXOs from poaching. India Inc. builds a stronger shield
31 Jul 2025
31 Jul 2025
This is a link-enhanced version of an article that first appeared in LiveMint
Article Overview:
Indian companies are increasingly using extended garden leave clauses, sometimes lasting up to a year, to deter CXOs from switching jobs, as non-compete agreements remain largely unenforceable. Trilegal partner Apeksha Mattoo, quoted in the article, highlights how firms are turning to longer garden leaves as a strategic alternative to safeguard sensitive information and discourage poaching.
Our Partner, Apeksha Mattoo, Labour and Employment Law Practice, Trilegal shared her perspective. Here’s what she had to say:
“When we talk about negotiating terms, everyone is constantly talking about non- competes. But let’s be very honest–non-competes are largely not enforceable worldwide. So, what approach are companies looking at instead? Longer garden leave periods.”
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