Hi Seniors,
Need your help in redrafting our appointment letter, we would like to include a clause which states that after leaving our Company a candidate cannot join
any of our competition clients.
If any one of you, could send a draft of this clause if its with you, shall be highly obliged.
Thanks in advance..
Regards,
Koushik
___________
more at http://citehr.com#ixzz15cUv3hGg
Need your help in redrafting our appointment letter, we would like to include a clause which states that after leaving our Company a candidate cannot join
any of our competition clients.
If any one of you, could send a draft of this clause if its with you, shall be highly obliged.
Thanks in advance..
Regards,
Koushik
___________
more at http://citehr.com#ixzz15cUv3hGg
From India, Calcutta
Hi,
U can never include this kind of clause gentleman. Because employee is bound by u till he/she is working with u. After leaving u can not force him by any such law or written confirmation that u can not join a compititiors. The agreement becomes void. And agreement or contract can never be unilateral.
Yes, You can include clause that companies information can never be leaked at any cost.
Regards,
Bharat Asudani
From India, Ahmadabad
1U can never include this kind of clause gentleman. Because employee is bound by u till he/she is working with u. After leaving u can not force him by any such law or written confirmation that u can not join a compititiors. The agreement becomes void. And agreement or contract can never be unilateral.
Yes, You can include clause that companies information can never be leaked at any cost.
Regards,
Bharat Asudani
From India, Ahmadabad
Dear Koushikalliant
Its not about DRAFTING the clause, but the repugnant clause itself.
Whether you are an HR or other management professional;
just think about some "niche segments" like publishing, media, broadcasting (TV, FM) etc.
Where would you think a TV anchor, an editor/sub-editor, graphic designer etc. would get their next job ???
Just think :
A newspaper fires a sub-editor.
Now where should the sub-editor find a job ?
Of course, in the news-paper industry itself !!
A clause, like the one you are proposing, would mean that the 'fired' sub-editor should look for employment in mining or infrastucture or energy sector etc., anything but in 'publishing'.
Similarily, a 'fired' or 'resigned' air-hostess should seek her next employment not in any competing AIRLINES but may be as a receptionist in a hotel or office !!
Forget about one's experience or expertise as an HR person, simply as a rationale person, do you think such a situation is justified ??
Warm regards.
From India, Delhi
Its not about DRAFTING the clause, but the repugnant clause itself.
Whether you are an HR or other management professional;
just think about some "niche segments" like publishing, media, broadcasting (TV, FM) etc.
Where would you think a TV anchor, an editor/sub-editor, graphic designer etc. would get their next job ???
Just think :
A newspaper fires a sub-editor.
Now where should the sub-editor find a job ?
Of course, in the news-paper industry itself !!
A clause, like the one you are proposing, would mean that the 'fired' sub-editor should look for employment in mining or infrastucture or energy sector etc., anything but in 'publishing'.
Similarily, a 'fired' or 'resigned' air-hostess should seek her next employment not in any competing AIRLINES but may be as a receptionist in a hotel or office !!
Forget about one's experience or expertise as an HR person, simply as a rationale person, do you think such a situation is justified ??
Warm regards.
From India, Delhi
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