Can any companies force their staff to sign the non competitor policy so to ensure their employees will not be proach by their competitors. Is there any legal binding in this type of policy?
I have to say that i'm not very into this type of policy.:!:
From Singapore, Singapore
I have to say that i'm not very into this type of policy.:!:
From Singapore, Singapore
Hello friend,
Companies do have "non compete bonds" and they ask their employees to sign these bond agreements. This is to protect the intellectual property and poaching by competitors.
However the legally these may be unteneble as these are against the individual's freedom. Also it is practically quite difficult to keep track of the employee who has left - if he is joining a competitor or not.
Some of the non-compete bonds require that he will not join competitor for a certain minimum period - say 3 years. Some companies may pay higher salary to specialists who sign these agreements and retain them.
Regards
nishikant
From United States, Greensboro
21Companies do have "non compete bonds" and they ask their employees to sign these bond agreements. This is to protect the intellectual property and poaching by competitors.
However the legally these may be unteneble as these are against the individual's freedom. Also it is practically quite difficult to keep track of the employee who has left - if he is joining a competitor or not.
Some of the non-compete bonds require that he will not join competitor for a certain minimum period - say 3 years. Some companies may pay higher salary to specialists who sign these agreements and retain them.
Regards
nishikant
From United States, Greensboro
Hello friend,
As an HR person I will not hire a person who has signed a non-compete bond with his present employer and we happen to be competitor - however this will be know only if he discolses that he has actually signed such a bond. It is not possible to verify directly from the competitor if he has done so.
So we do run a risk when a person joins and does not disclose.Later he may get into legal case. Whether the judgement goes in his favor or not - it will certainly be a nuisance to the employee and the organization who has allowed him to join.
There are many such risks that one has to live with. I would certainly recommend that such person should be terminated for non-disclosure as company policy. However such company policy should be clearly defined to be implemented.
Regards
nishikant
From United States, Greensboro
As an HR person I will not hire a person who has signed a non-compete bond with his present employer and we happen to be competitor - however this will be know only if he discolses that he has actually signed such a bond. It is not possible to verify directly from the competitor if he has done so.
So we do run a risk when a person joins and does not disclose.Later he may get into legal case. Whether the judgement goes in his favor or not - it will certainly be a nuisance to the employee and the organization who has allowed him to join.
There are many such risks that one has to live with. I would certainly recommend that such person should be terminated for non-disclosure as company policy. However such company policy should be clearly defined to be implemented.
Regards
nishikant
From United States, Greensboro
Hi HRlife,
Non-competitor policy is not all valid in the court of law as it impinges on the right of freedom to employment. Am aware most of the companies in India follow this practice to get the employees to sign this policy but it has many grey areas and company use this to protect their interests which cannot be defended in the court of law.
However please remember, one cannot stop them from joining the competition but one sign the agreement to protect the intellectual propriety rights and ensure that such information on products or clients is protected for a specified period say six months or a year from the end the term of employment with the company.
Regards,
Rajat
From India, Pune
Dear friends,
Pl see article attached to the following post for legality of such bonds:
https://www.citehr.com/30808-bond-legal-india.html
Regards,
From India, Malappuram
Pl see article attached to the following post for legality of such bonds:
https://www.citehr.com/30808-bond-legal-india.html
Regards,
From India, Malappuram
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