How To Find A Job With A Competitor: Anti-poaching Agreement, Legal Help

Hi, I’m working in Bharti Airtel ltd and I want to take move in to Idea cellular ltd, Is it posible and what was the policy for that(anti-poaching agreements).. Thanking You,
8th February 2013 From India, Vapi

There are no anti-poaching agreements as such, hiring decisions are an employer's prerogative. As an employee, have you signed an NDA [Non-disclosure Agreement] or even a Non-compete Agreement with your existing employer ? That might mention a duration within which you cannot work with competitors and clients to your employer.
I look forward to the expert advice from our leaders and mentors , in here.
8th February 2013 From India, Mumbai

Hello Sunil Tanna,
Pl give the clarifications (Cite Contribution) requested.
However, going by the wordings you used, you SEEM TO BE VERY PARTICULAR to join Idea Cellular--why only Idea Cellular & not any other reasonably good/large Telecom company that exist in the country?
Rgds,
TS
8th February 2013 From India, Hyderabad

Hello, I want to join Idea because i am having good Opportunity. Also b’coz i already worked with idea earlier but it was an off-roll profile. Regards,
8th February 2013 From India, Vapi

Please go ahead and join.
There are no Labour Laws and Acts that regulate these aspects; and many employers draft Draconian Agreements. Certain clauses of NDA and NCA have not found favour with the Courts as it infringes with the Right to Livelihood of a person.
Such agreements will look good in Law, only when they provide a "pension" or some monetary compensation for the period during which they intend to debar a person from seeking another job.
Everyone has a right to feed his family.
In certain professions people will only go for a competitor in that industry. Can anyone expect, for example, a TV anchor not to seek job in another channel but to work in hospitality industry ?? Should an air-hostess seek her next job with Railways instead of any other airline ??
Warm regards.
8th February 2013 From India, Delhi

Like in many cases and as mentioned by Rajkumar, HR people are weirdest people. On one side they tell existing employee not to join competitor and enter into anti poaching agreements etc etc, and on another side on filling vacancies for their company they want people having experience in same industry and same job profile, which literally contradicts with the poaching agreement laws etc, if the management has some common sense then they wont make such contradicting policies. God save the world.
So like Rajkumar mentioned TV anchor will only go for media industry jobs and media industry HR people will only give preference to tv anchors and not to air hostess ;)
9th February 2013 From India, Madras

Hi,

It is an agreement between two or more parties/companies that they will not indulge in poaching activities from the other parties/companies, who have mutually agreed to do so or not hire employees coming from those companies in such an agreement.

This kind of agreement is rare in India and does not valid or enforceable under law but since it is between two or more parties, the parties to agreement have full authority to do so till the moment they want to stick to it or it does'nt adversly affect their business interest.

I think the motto for such an agreement is just to stop the employees from switching one competitor to other, where there are few players/competitors but limited skilled manpower is available. In such a scenario, the employees switch quite often and ask for phenominal hikes as the requirment is crucial.

Such an agreement was recently proposed at IGI Airport, New Delhi for the retailers operating at Terminal-3.



The copy of the same is attached herewith for reference.

Regards

Vikas
9th February 2013 From India, Mumbai

Attached Files (Download Requires Membership)

Non poaching undertaking of Licensee 03.11.2011.doc (26.5 KB, 718 views)