Enforceability of Restrictive Covenants in Employment Contracts: Comparing India and Indonesia

In contemporary times, one of the fundamentals that bind and guide any professional relationship is a contract throughout negotiations, parties to it try assert their interests for ensuring gains. this process, quite often, several clauses are inserted greater exploitation without investments witnessed often in India Indonesia, especially employer-employee contracts. Referred as restrictive covenants, Indian Courts have interpreted Contract Act 1872 progressive fashion, duly preventing employee from being reduced bonded labourer, on numerous occasions. But does not mean all situations, such covenants impermissible—the extent which an employer can restrict maintaining confidentiality andprotecting trade secrets among other things what largely determined by Courts. Furthermore, Indonesian context, law stipulated only Article 1313 Civil Code, but also various acts Emplopyment 2003 Government Regulation No. 35 2021 concerning Work Agreements Certain Time, Outsourcing, Working Time Rest Termination Employment. Discussing comparing stance Judiciary system Authors, through medium paper seek shed light they enforceable and, circumstances, where valid. nutshell, Authors warn employers refrain engaging practices likely harm principles humanism enshrined Constitution alert scope duties towards employer.