One great Indian Lawyer made Employee handbook for our (multinational)company, where i am working now.
" The employees of the company shallnot during the term of their employment and for a period of 3 years thereafter, take up employment with any company which is in competition with the company. This shall include taking up employment in any capacity including without restriction, as consultant or as advisor"
Many of my friends suffer with above condition (senior management level) as this screwed up their future career life or go for retirement.
How to handle such situation?. Of course i am also employee!! ( In future i may also look for good opprotunities).
I appreciate any good suggestions in this regard.
From Japan, Koto
2" The employees of the company shallnot during the term of their employment and for a period of 3 years thereafter, take up employment with any company which is in competition with the company. This shall include taking up employment in any capacity including without restriction, as consultant or as advisor"
Many of my friends suffer with above condition (senior management level) as this screwed up their future career life or go for retirement.
How to handle such situation?. Of course i am also employee!! ( In future i may also look for good opprotunities).
I appreciate any good suggestions in this regard.
From Japan, Koto
Hi
What a stupid guidelines and conditions of the employment, I never heard such in my entire career. Well, these conditions are null and void and can be challenged in any court.
Your employees have a choice whether to accept the conditions or not, I feel they should boycott against such rules.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
What a stupid guidelines and conditions of the employment, I never heard such in my entire career. Well, these conditions are null and void and can be challenged in any court.
Your employees have a choice whether to accept the conditions or not, I feel they should boycott against such rules.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
a) refer to my earlier artcile on illegality of bonds, your lawyer needs to go back to school to learn ISO27001 ....
restrictive covenants pertaining to dual employement/ moon shining and safeguarding information assets is valid but one is free to pick employement anywhere...
if your legal advisor feels otherwise, ask him to speak wth me..
surya vrat
9999645755
From India, Delhi
restrictive covenants pertaining to dual employement/ moon shining and safeguarding information assets is valid but one is free to pick employement anywhere...
if your legal advisor feels otherwise, ask him to speak wth me..
surya vrat
9999645755
From India, Delhi
Hi,
In my country (Croatia) law allows such possibility to restrain employment at competition for max 2 years, but in that case employer is due to pay at least 1/3rd of employee's monthly salary per month during that period.
I personally did not hear for such case, because it is probably expensive for employers to do so.
And as a employer, I can only do whatever I can to keep good employees with me s long as possible.
I am sure that in your country this could be solved in apropriate manner and win-win situation for everybody.
Good luck,
Ivana
From Croatia, Draga
In my country (Croatia) law allows such possibility to restrain employment at competition for max 2 years, but in that case employer is due to pay at least 1/3rd of employee's monthly salary per month during that period.
I personally did not hear for such case, because it is probably expensive for employers to do so.
And as a employer, I can only do whatever I can to keep good employees with me s long as possible.
I am sure that in your country this could be solved in apropriate manner and win-win situation for everybody.
Good luck,
Ivana
From Croatia, Draga
Hi Ivana,
India is the fastest developing country in the world which is developed in just 60 years, but the most important part has been the academics. People are very knowledgable and sharp minded.
As a result, some people chose to make such rules which violate the laws of the country but makes an effect on the skills of the employees. But in a country like India, where the interviewee is as smarter as interviewer, such rules are hardly accepted. Also, if once accepted, can be given back also.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
India is the fastest developing country in the world which is developed in just 60 years, but the most important part has been the academics. People are very knowledgable and sharp minded.
As a result, some people chose to make such rules which violate the laws of the country but makes an effect on the skills of the employees. But in a country like India, where the interviewee is as smarter as interviewer, such rules are hardly accepted. Also, if once accepted, can be given back also.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
Dear Freinds,
Thanks a lot for your reply letters. I discussed with many Indian friends, they also shocked to hear this rule made by Indian lawyer who is consultant for many multinational companies in Chennai. The following rule is followed many Singapore companies.
I also bet that IT HRD managers in India know very well this rule and unable to answer.
Why not gentlemen?. Please open your mind.
The rule is like this i just type what is written in the employment rule.
Non-Solicit and Non-compete:
" The employees of the company shall not, during the term of their employment, and for a period of three (3) years therafter, either directly or indriectly , solicit offers of employment from other companies or entice or encourage employees of the company to leave the employment of the company
The employees of the company shall not during the term of their employment, and for a period of three (3) years therafter, take up employment with any company, which is in compeition with the company. This shall include taking up employment in any capacity without restriction , as consultant or as advisor"
Indeed, my parent company has no such rule in USA, UK, Japan, Germany branches. This elite Indian lawyer is giving the route for how to squeeze Indians in India. We are going to open a branch office soon in India, hence please guide me how to get rid of this one. The lawyer is fixed by my boss who is ultimate rock, recommended by his friend in India.
Please write to me how to save a young professional guy to ruin from his career life in case if he is not satisfy with his job for some reasons in future. This could also come to "You" by chance if you come to our multinational company.
Now, i understand, how british had established a strong root in Chennai long long ago.
Regards,
Muru
From Japan, Koto
Thanks a lot for your reply letters. I discussed with many Indian friends, they also shocked to hear this rule made by Indian lawyer who is consultant for many multinational companies in Chennai. The following rule is followed many Singapore companies.
I also bet that IT HRD managers in India know very well this rule and unable to answer.
Why not gentlemen?. Please open your mind.
The rule is like this i just type what is written in the employment rule.
Non-Solicit and Non-compete:
" The employees of the company shall not, during the term of their employment, and for a period of three (3) years therafter, either directly or indriectly , solicit offers of employment from other companies or entice or encourage employees of the company to leave the employment of the company
The employees of the company shall not during the term of their employment, and for a period of three (3) years therafter, take up employment with any company, which is in compeition with the company. This shall include taking up employment in any capacity without restriction , as consultant or as advisor"
Indeed, my parent company has no such rule in USA, UK, Japan, Germany branches. This elite Indian lawyer is giving the route for how to squeeze Indians in India. We are going to open a branch office soon in India, hence please guide me how to get rid of this one. The lawyer is fixed by my boss who is ultimate rock, recommended by his friend in India.
Please write to me how to save a young professional guy to ruin from his career life in case if he is not satisfy with his job for some reasons in future. This could also come to "You" by chance if you come to our multinational company.
Now, i understand, how british had established a strong root in Chennai long long ago.
Regards,
Muru
From Japan, Koto
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Enforcement of negative covenants in employment terms.pdf