No poaching agreement between companies
kishore kumar
(Querist) 08 February 2014
This query is : Resolved
Hi,
I'm working with an MNC in Hyderabad, where processes are being migrated to USA and employees are said to leave the company, when employees seek other companies there calling for interviews and putting on hold or rejecting them by stating that (No poaching agreement between companies). Please advise
Regards,
Kishore
kishore kumar
(Querist) 08 February 2014
continuation to my above query.............
companies are giving less salary when compared with existing salary 40% less, actually it should be 20% or 30% more, when you are applying for a job
kishore kumar
(Querist) 09 February 2014
Hi,
I'm working with an MNC in Hyderabad, where processes are being migrated to USA and employees are said to leave the company, when employees seek other companies there calling for interviews and putting on hold or rejecting them by stating that (No poaching agreement between companies). continuation to my above query.............
companies are giving less salary when compared with existing salary 40% less, actually it should be 20% or 30% more, when you are applying for a job
Please advise
Regards,
Kishore
T. Kalaiselvan, Advocate
(Expert) 09 February 2014
What do you want to clarify?, i.e., why the companies are paying you less?, You have applied for a job in that company, if you do not agree with the package you can always reject it, why do you have to migrate to another company with a difficult and hostile situation? There is no pressure on you to accept it(?),
Kumar Doab
(Expert) 09 February 2014
Non Poaching Agreement is different from Non Compete agreement.
Due to legal implications the companies that have signed Non Poaching Agreement may not recruit candidates from each other.
Since many candidates are affected all of them may join hands an demand Lay Off compensation from the establishment that has shifted to USA and is asking to leave by submitting resignation. This should compensate your loss. Record prof (audio/visual) of demand of resignation.
Demanding resignation can be termed as offence and 'Deemed Termination'.
Approach Employees union ( if there is none form one) Trade Unions ( if you are not a member become a member) and consult a local labor law consultant/service lawyer and proceed under expert advice of your lawyer.
It is learnt that employer sin IT sector had associated to sign No Poaching agreement but the proposal did not get thru.
But it gives an indicator that employers are uniting to protect their interest then why should employees not unite.
Such matters are best handled thru unions.
Of course there would always be lawyers to counsel and defend the employees and advise employees and unions.
