Generally not. Section 27 of the Contract Act 1872 makes agreements in restraint of a lawful profession, trade or business void, and the courts, following long-standing subcontinental case law, have consistently declined to enforce non-compete clauses that bite after employment ends. Restraints during employment, including during a notice period, are treated differently and can be enforced. The practical message for employers is to rely on confidentiality, garden leave and other targeted protections rather than expecting a post-employment ban to hold. We redraft contracts accordingly and explain the realistic level of protection each clause offers.

Employers can generally rely on confidentiality obligations that continue after employment, intellectual property assignment clauses, restraints that apply during employment and notice periods, and garden leave provisions that keep an employee away from work while still employed and paid. Non-solicitation and non-dealing clauses aimed at protecting confidential client information may help, although their enforceability after employment is less certain and depends on drafting and facts. Together these restrictive covenants and practical controls give meaningful protection. We design packages proportionate to each role's access to sensitive information.

Garden leave allows the employer, during the notice period, to require the employee to stay away from work, clients and colleagues while continuing to receive full pay and benefits. Because the employee remains employed, restraints on working for a competitor during that period are generally enforceable. Garden leave must be provided for in the contract or agreed, and its length should match the notice period and the shelf life of the information concerned. For workers covered by the Labour Act, statutory notice rules must also be respected. We draft garden leave clauses and advise on using them.

There is no statutory definition, but courts generally protect information that is genuinely confidential, has commercial value and has been treated as confidential by its owner. Examples include formulas, manufacturing processes, source code, pricing models, tender strategies, supplier terms and unpublished business plans. Customer lists may qualify if they contain more than publicly available information. General skill and knowledge that an employee acquires on the job is not protected. We help employers identify what really qualifies, because protecting everything usually means protecting nothing in practice. Restrictive covenants cannot protect general know-how.

Act quickly and carefully. Secure the employee's devices and accounts, preserve logs and email records, and avoid altering evidence. Instruct forensic specialists where data may have been downloaded or transferred. Send a letter to the employee, and where appropriate the new employer, demanding return and undertakings not to use the information. If undertakings are refused or evidence of misuse is strong, apply to the civil court for an injunction. We coordinate each step, from preservation to court, and advise whether a criminal complaint is also appropriate. Restrictive covenants matter less than speed here.

A clause preventing a former employee from soliciting clients with whom he or she dealt may be enforceable where it protects confidential information and client relationships rather than simply restricting competition, but the position in Bangladesh is not settled and courts may view broad clauses as void restraints. Narrowly drafted terms, limited in time and scope and linked to specific clients, stand the best chance. Confidentiality obligations protecting client data are often the stronger tool. We draft and review non-solicitation clauses with these limits in mind and explain the real level of protection.

Not entirely. Section 27 contains an exception allowing a person who sells the goodwill of a business to agree not to carry on a similar business within specified local limits, provided the limits are reasonable. This allows buyers of businesses to obtain meaningful non-compete protection from sellers in many cases. Covenants given by shareholders in joint ventures and shareholders' agreements require careful analysis of their purpose. We draft transaction covenants so that they are tied to the goodwill acquired and proportionate in duration, geography and scope. The sale agreement should identify the goodwill being sold.

It affects both sides. Customer, supplier and employee information often includes personal data, so a departing employee who takes client lists may also be processing personal data unlawfully, which strengthens the employer's position. At the same time, employers protecting trade secrets through monitoring, data loss prevention tools and device searches must have a lawful basis, inform employees and act proportionately. We align confidentiality programmes with the Act, so that investigation evidence is admissible and the employer's own monitoring does not create a separate legal problem. Restrictive covenants must respect privacy too.