nicolechan20
i have a staff who going to resign and will join our vendor which have non pinching agreement between both company. due to the non solicitation, she would request a release letter to accept her resignation and release her to join the vendor. any idea how to draft the release letter?
From Malaysia, Kuala Lumpur
k_shenbagarajan
188

Hi,
If you have no poaching agreement then you can write to the vendor to revoke the offer letter / employment of the employee.
Still you are willing to give the relieving letter then give the letter which you for every employee who quits. But remember if you encourage this practice then in future you will face more attrition and people will be moving to the vendors company.
Note: If any employee has resigned and joined vendor company, pls instruct the vendor that the employee(worked in your company earlier) should not be deputed to your company for any transaction because the employee knows the process and procedures and there is a chance of malpractices.
PREVENTION IS BETTER THAN CURE

From India, Mumbai
venki_ram_mal@yahoo.com
3

I agree with Shenbagarajan's response. If you give the release letter, then there will be other staff in future who will also follow this and expect to get release letter from the company. This is not good for your existing company. In case, you are left with no other option, you can make sure that your vendor has a firm non-engagement clause for that employee to support your company. At the very least, it should be out of bounds for that employee for a minimum period of 6 months.
Best regards
Venkat

From Malaysia, Bukit Mertajam
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