Hi all,
We had these terms in our agreement sent to the client with whom we associated three months ago. However, they have not yet signed and have been delaying. Now, they have begun poaching our employees by offering them attractive packages and trying to lure our employees working with them. Currently, we have at least 10 of our developers deployed with them. We have already informed the client (HR) not to contact our employees and to sign the agreement. Our company is an Indian IT company, and the client is also an Indian-based company.
Please provide a viable solution and any legal terms or actions that we can include in the clause for both the employee and the employer.
There are already larger IT companies that also deploy their employees to clients. We would like to understand the basis or terminology on which they sign such contracts with the employees or employers.
From India, Salem
Acknowledge(0)
Amend(0)
We had these terms in our agreement sent to the client with whom we associated three months ago. However, they have not yet signed and have been delaying. Now, they have begun poaching our employees by offering them attractive packages and trying to lure our employees working with them. Currently, we have at least 10 of our developers deployed with them. We have already informed the client (HR) not to contact our employees and to sign the agreement. Our company is an Indian IT company, and the client is also an Indian-based company.
Please provide a viable solution and any legal terms or actions that we can include in the clause for both the employee and the employer.
There are already larger IT companies that also deploy their employees to clients. We would like to understand the basis or terminology on which they sign such contracts with the employees or employers.
From India, Salem
Acknowledge(0)Amend(0)
Dear Anne,
As a service provider, you have started providing your services without signing a legal contract. Now, you cannot question the other party for not adhering to the terms of the contract as the verbal agreement is not legally valid.
In your city, you need to form an association of all the service providers who provide the services that you also provide. First, all of you need to get on the same page and agree that unless one of the members of the association provides the NOC, the other service provider does not start his/her services. This will bring discipline to your industry.
If the association of the service providers blacklists a particular client, then no member of the association should provide services to that client. Without this type of deterrent, the clients will remain intransigent.
Therefore, before you commence services to any client, you need to have two types of contracts. One is with the association and another with you. This will work in a far better way to make the clients tractable.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
8227As a service provider, you have started providing your services without signing a legal contract. Now, you cannot question the other party for not adhering to the terms of the contract as the verbal agreement is not legally valid.
In your city, you need to form an association of all the service providers who provide the services that you also provide. First, all of you need to get on the same page and agree that unless one of the members of the association provides the NOC, the other service provider does not start his/her services. This will bring discipline to your industry.
If the association of the service providers blacklists a particular client, then no member of the association should provide services to that client. Without this type of deterrent, the clients will remain intransigent.
Therefore, before you commence services to any client, you need to have two types of contracts. One is with the association and another with you. This will work in a far better way to make the clients tractable.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Now, what is the solution to the present case? Kindly provide a valid solution and also suggest any legal terms or actions that we can include in the clause for both the employee and employer.
There are already bigger IT companies that deploy their employees to clients. We would like to know on what basis or terminology they use when signing such contracts with the employees or employers.
From India, Salem
Acknowledge(0)Amend(0)
There are already bigger IT companies that deploy their employees to clients. We would like to know on what basis or terminology they use when signing such contracts with the employees or employers.
From India, Salem
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Job Work-outwork employees.docx