01 Jun 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.”
Download PDF
Deal: Trilegal advises Iscon Balaji Foods on the INR 2,000 crores investment in it by Advent International and 360 ONE Alternates Asset Management (in multiple tranches)
Trilegal partners discuss how institutions depth, AI and cross-border agility are reshaping India’s legal market
Trilegal advised EPL on CCI approval for merger with Indovida India
Under the rules of the Bar Council of India, Trilegal is prohibited from soliciting work or advertising in any form or manner. By accessing this website, www.trilegal.com, you acknowledge that:
We prioritize your privacy. Before proceeding, we encourage you to read our privacy policy, which outlines the below, and terms of use to understand how we handle your data:
For more information, please read our terms of use and our privacy policy.
