Dear All,
Appreciate your suggestions to Sachin and other members of the forum.
Would like to share my practical experience in such a case wherein I was the HR manager of the company and company has a policy of getting NDA (Non Disclosure Agreement) signed from all the employees of the company where in the employees were bound to not to join any of the competitor for 18 months after leaving his services which is quite legal and a few employees of the company did not take it serious and they joined the competitor and I was the one who filed the case against these employee and I myself presented in the court for many hearings and finally company won the case and got the money recovered from those 3 employees.
So my advise to all of you is be very cautious before signing any such documents with your employers. If the company has a strong legal department they will definitely take action and if the company does not have a legal dept. in that case for 1 or 2 employees company does not take so much of pain until the employee holds really good information about the trade secrets.
Regards,
From India, Delhi
26Appreciate your suggestions to Sachin and other members of the forum.
Would like to share my practical experience in such a case wherein I was the HR manager of the company and company has a policy of getting NDA (Non Disclosure Agreement) signed from all the employees of the company where in the employees were bound to not to join any of the competitor for 18 months after leaving his services which is quite legal and a few employees of the company did not take it serious and they joined the competitor and I was the one who filed the case against these employee and I myself presented in the court for many hearings and finally company won the case and got the money recovered from those 3 employees.
So my advise to all of you is be very cautious before signing any such documents with your employers. If the company has a strong legal department they will definitely take action and if the company does not have a legal dept. in that case for 1 or 2 employees company does not take so much of pain until the employee holds really good information about the trade secrets.
Regards,
From India, Delhi
Hi All,
Thanks for your valuable comments.
I will request your inputs on the practical aspect of this practice being adopted by my employer- say Company A.
Not signing the non compete clause is generally not an option with the employee, as such agreements are forced upon employee by Company A at the time of his/ her joining the company and not during interview or when offer letter is given. So employees are left with little option.
In order to enforce this bond / non compete agreement of not joining a competitor, the Company A takes about 4 months in order to provide relieving letter to employees against a declared policy of giving relieving letter within 45 days from last working day and takes this time of 4 months to check if the employee has joined any of its competitors say Company B.
Also new employer may disclose its name / identity during the background checks.
In such cases, my present employer Company A may create issues in giving reliving letter.
Please suggest what approach employee should take when moving to a competitor and difficulties he may face on account of not getting the relieving letter in cases where Company A comes to know that employee has joined its competitor say Company B.
Thanks
Sachin
From India, New Delhi
Thanks for your valuable comments.
I will request your inputs on the practical aspect of this practice being adopted by my employer- say Company A.
Not signing the non compete clause is generally not an option with the employee, as such agreements are forced upon employee by Company A at the time of his/ her joining the company and not during interview or when offer letter is given. So employees are left with little option.
In order to enforce this bond / non compete agreement of not joining a competitor, the Company A takes about 4 months in order to provide relieving letter to employees against a declared policy of giving relieving letter within 45 days from last working day and takes this time of 4 months to check if the employee has joined any of its competitors say Company B.
Also new employer may disclose its name / identity during the background checks.
In such cases, my present employer Company A may create issues in giving reliving letter.
Please suggest what approach employee should take when moving to a competitor and difficulties he may face on account of not getting the relieving letter in cases where Company A comes to know that employee has joined its competitor say Company B.
Thanks
Sachin
From India, New Delhi
Dear Sachin,
My suggestion to you would be if you really wish to join some competitor where you have signed a contract with the present company that you will not join, you should share the contract with your new employer and after knowing your existing contract if the new company hires you then that company may take the responsibility of any legal proceedings in this case and they may allow you to join without the experience letter no other approach I can see for an employee in this situation.
Regards,
From India, Delhi
My suggestion to you would be if you really wish to join some competitor where you have signed a contract with the present company that you will not join, you should share the contract with your new employer and after knowing your existing contract if the new company hires you then that company may take the responsibility of any legal proceedings in this case and they may allow you to join without the experience letter no other approach I can see for an employee in this situation.
Regards,
From India, Delhi
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