issue competitor legal notice not to lure your employees
2) seek injunction restraining competitor from poaching your employees
Hi, We are a recruitment firm based in Kolkata and have a team of 50. A competitor in Noida is calling each and every employee and offering them work from home option (no relocation required) and higher pay. We will loose our entire trained manpower, so what are the options. Can we send a notice to the other company for harming our operations? Thanks
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issue competitor legal notice not to lure your employees
2) seek injunction restraining competitor from poaching your employees
Under which section of the law can we send the legal notice or injunction?
ask your employees to sign non compete agreement wherein they undertake not to join competitor for period of 6 months or so after their resignation . if in spite of signing agreement your employee joins competitor then you can sue both the former employee and new employer
you can send him legal notice not to poach your employees
A nondisclosure agreement prohibiting the disclosure (or even use) of confidential information or trade secrets is very common place in any employment relationship. you can sue your employees who have left the organisation if they have parted with trade secrets of your organisation
See there is no relief against the other company you can make an agreement and can ask your employees to sign non compete clause that after even leaving job they cannot join your competition for one year otherwise you can proceed against them legally.
Hello,
enter into an agreement with you team, if they will be violating the terms of the agreement then you can take legal action against them.
though damage is being caused to you but that person is not committing any crime by offering high pay.
regards
Dear Client,
Offering jobs to your employee on higher pay is not barred. Better include in your appointment letter that any pre mature resign or not serving notice period, employee will compensate company with 6 months salary.
Dear Sir,
It is commonsense and it is malpractice in Fair Business. You can approach the civil court and take a injunction or approach Labor Commissioner or put more and more contentions and take bonds from your employees to deduct 50% of salary if they approach the competitor etc.,
you can take action against them if their act is wilful and is monopolistic. You can invoke provisions of competition Act.
notice of an injunction can be sent and can only be allowed if courts feel it right.
But you need to get a call record or something in order to frame a case against the another and proceed with a defamation case against them.
Because he is trying to break your company and might be having bad faith but in another way is doing what is legal and for his business.
here, you need a powerful company from the past, so you need to strengthen your company and also proceed with something that is legal and in your interest.
you need to break their chain by getting 2 to 3 cases filed against them and also need to present the employer who left your company to join his.
The enforceability of non-solicitation clauses in India is very subjective. Indian courts have consistently refused to enforce post-termination non-compete clauses in employment contracts. These clauses imply a “restraint of trade” that is clearly barred by Section 27 of the Indian Contract Act, 1872. They are also seen as being against public policy because of their potential to deprive an individual of his or her fundamental right to earn a livelihood. The general trend in the judiciary is that the clauses operating during employment are valid and those operating post-employment are invalid. The enforceability of the said clause depends on the facts and circumstances of each case.
therefore, a non-solicitation agreement should exist between firms so that they do not poach employees but you cannot stop the employees to work for any other org.
regards
I regret there is nothing which can be done.
One can always approach another person with better terms and pay scale and you can not stop your competitor from doing so.
You can make rules that no private conversation can be made in office but you can not put stop to such discussion outside your office.
The only way to stop this poaching is to make betterment of your pay-scale and terms of service.
Good luck.
1. Your competitor firm has committed no crime as per IPC or nooffence under any law of our Country.
2. There is no law in our Country which prohobits a Company fro head hunting..
3. It is an open market and you should offer better parks and facilities to ensure that attrition rate with your Firm is at mimimal.
4. You cxan alaso enter in to an agreement with your employees with clasues stipulating them not to act for your competition for one year after resiging from you and also seek a signing a bond by your employees to protect your professional interest.
You can not send any legal notice to the said competitor at all since they have not breached any law as explained in my earlier post.
You cannot interfere in the business of your competetor for this or any other reason.
If he is offering attractive remuneration to your employees, you may see where you lack and plug the holes.
No legal action is maintainable in this regard, in fact if you initiate any steps in this regard, it may backfire and you may unnecessarily land up in trouble.
You cannot hold back your employees if they do not want to continue to work with your company.
There is no provision in law to restrict your competitor's business just because he is luring your employees towards his business. You may have a control over your employees by way of notice period but that will also be a temporary arrangement and not a permanent solution.
You can also adopt similar tactics to employ new employees from his firm by offering more attractive remunerations.