Tanmoy_banerjee
Data Recovery From Crashed Hard Drive N Network
Dmc123
Associate Consultant
IW
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Hi,
Could someone let me know about the following:
1. If a current employee is poaching colleagues, what action can an employer take?
2. If the employee who is poaching colleagues has already resigned, and is doing the poaching during their notice period, what action can an employer take?
3. Is there a time limit with which the action must be taken?
2nd July 2012 From India, Pune
Hi.
It would be very difficult to prove that a employee is poaching current employees. If an employee is getting better oppurtunities and higher pay package, we would leave anyways.
Ideally the Company should enter into a Non compete agreement with the current employees, where a justifiable time should be mentioned wherein they cannot join the services of a competitor. But i must warn you that such type of agreements in restraint of trade are not recognised by law, untill it can be proved that the additional skill and expertise gained by the employee whilst in your service, would be used by your competitor which would be detrimental to your company's interest.
5th July 2012 From India, Pune
dear sir
What are the terms of the appointment of the person poaching the employees, is there any service agreement restraining him from engaging such anti establishment activities ? If so, even if he has put in his resignation and serving the notice period, you can take appropriate action as per the service conditions applicable to the said employee.
14th July 2012 From India , Pune
Thank you @ashish.ovalekar@bajajallianz.co.in and @Dmc123.
The issue is
1. All the employees are no longer a part of the company
2. The employee who was poaching has by now left the organisation. (The employee was poaching during the notice period, but left in January after completing the notice period.)
Is there anything that can be done now?
23rd July 2012 From India, Pune
Thank you @ashish.ovalekar@bajajallianz.co.in and @Dmc123.
The issue is
1. All the employees are no longer a part of the company
2. The employee who was poaching has by now left the organisation. (The employee was poaching during the notice period, but left in January after completing the notice period.)
Is there anything that can be done now?
23rd July 2012 From India, Pune
You can hardly do anything as you have already accepted his resignation. He might take the case to labour commissioner if u terminate him.
I really cant understand why u dnt release him and end the matter as this employee is not doing any productive work at office.
22nd August 2012 From India , Calcutta
My earlier reply was to ur first posting where u said the the employee is serving notice period.
Later posting says they have all left ur organisation now after serving notice period.
Do u think slave dynasty still exists that u can dictate where they work and what they do. If ur employees are leaving cause other Cos are giving better salary etc. u can do nothing.
22nd August 2012 From India , Calcutta
Dear mr ashish,
If you have a condition in the appointment letter in the nature of a non compete clause for any period of time, you can proceed under that clause.Or in case the service rules applicable to the said employee provide for any anti poaching policy, you can take action under that also.
1st October 2012 From India , Pune
Hi,
It is all good for academic discussion. In the normal course you cannot do any thing. "Poaching" is impossible to be proved. Besides, if a person is not your employee, he is a free citizen. If he can influence people to follow a path, that is not illegal, you cannot do any thing.
I am open for correction.
Cyril
31st July 2014 From India , Nagpur
Mr. Cyril is absolutely right. We cannot do anything even if we know for sure that poaching is happening. The only way to stop attrition is to adopt good employee engagement measures. Trying to take any action against poachers either inside or outside is a mere waste of time.
1st August 2016 From India, Kakinada
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