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Clause in Appointment letter that Employee during tenure or after leaving can not write/post any Bad/Negative reviews - CiteHR

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I am working with one of the Facility Management Company in Mumbai. Due to some past incidents Management wants to add/incorporate one clause to the Appointment letter which says any Employee during tenure or even after leaving organization can not write/post any Bad/Negative reviews about the company/Management/any employee on any social formus/Sites.
My Question is Can we stop someone from doing such things? Can this be added in an Agreement/Appointment Letter as this is something which is not in our control and we cant stop someone to express their views/experince after leaving the Organization.

From India, Chennai
umakanthan53
5967

You have given the answer yourself in the last part of your post.It may be reasonable to include such a restrictive clause in the contract of employment/appointment orders prohibiting employees posting negative remarks or bad reviews about the Company/Management in social media during their tenure. Once an employee leaves an organization, the contract of employment comes to an end and you can not control his freedom of expression any more.. If any one indulges in such an exercise during his post employment, of course, he is liable to the risk of being found guilty of libel if his views/posts are false and bad with an intention to defame the Company/Management. There is no smoke without fire. Why don't you think about preventing such mishaps by treating your employees well in stead of introducing such negative covenants as a measure of threat?
From India, Salem
Thiyagua
66

Hello,
This is not the right approach.
Great leaders/strong management must know how to create a healthy work environment and handle grievances.
It's the choice of employees or ex-employees to share the exact feedback of the company they have worked for. This may help the company to look upon to build a strong culture where needed. Also, its a signal to outsiders that if the culture won't fit they won't join.
So, rather than adding the clause that you have mentioned, please try to work on improving the areas that needs attention.
Please accept feedback, good or bad it will help both the individual and company. By adding the clause that you have mentioned, I don't think you will encourage honest feedback from your employees on anything about your company which doesn't work in favor of the company.
Feedback is good, even if it is bad.
Regards
Thiyagu

From India, Bengaluru
Dinesh Divekar
7736

Dear friend,
This is in addition to what previous learned members have written.
Those who upload bad remarks on the company, they do it by concealing their identity. Bad remarks about the company are given even by the current employees and not just past employees on the forums like mouthshut.com Therefore, if your past employees do the same then how will you catch them?
Secondly, there are negative remarks against the companies like Infosys or Wipro also. Notwithstanding these remarks, they have grown and continue to grow. Therefore, why are you so scared of the negative remarks?
Thiyagu has written about improving the quality of the administration by way of taking feedback etc. You may work on these suggestions.
Thanks,
Dinesh Divekar

From India, Bangalore
nathrao
3124

Treat employees well and fairly.
Then few will exit and fewer still will write adverse about the company.
Company cannot stop ex employees from commenting what they feel abut the company in various forums.
Laws of defamation are there to shield the company if wrong reports are given about the company.

From India, Pune
Rahul Chhabra
152

Dear Anony,
A deeper insight has been shared by learned contributors above. Its true that almost all of the negative reviews posted on social media are anonymous just like your query.
In my opinion these clauses work in a reverse(psychology) manner; this way you are telling employees that they can also post reviews online upon quitting. Good or bad, they will choose by themselves basis their sentiments for the organization.
Regards
Rahul Chhabra

From India, Delhi
JudeGR
55

To overwrite such bad comments, try replying to genuine bad renarks. It imroves the credibility. It saves time.
From India, Chennai
PRABHAT RANJAN MOHANTY
535

Dear friend,
The idea to incert the clause " any Employee during tenure or even after leaving organization can not write/post any Bad/Negative reviews about the company/Management/any employee on any social formus/Site" is good a good idea. But.........
I do not think this clause would help you in any manner? The employee can be held guilty for this type of action(Misconduct) while on employment.
What will you do ?
Someone come with bad posting against your company/management using all types of media but with solid proof against his claim.
This gives an impression that everything in your company is not in order. The very nature of the situation is commanding you to take defence under such clause. You may think can be good but to be proved futile, when the claims are true and truth.
Instead of going for defence try to eliminate the pot wholes that you all know are existing.

From India, Mumbai
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