Soical Compliance Auditing
Hr Consultant
Gm (hr)
Compliance Expertise In Labour Laws &
Hr Manager
+7 Others

Dear Seniors,
This is a case which is causing serious problems to one of my friends..He is owning a s/w development co. Now a days this has become pretty regular process for him to see that, his employees are resigning to his co. and are joining his client's organizations.
What are the different ways to stop it??
17th July 2009 From India, Hyderabad
Yes its True...and obviously they can move for their career growth.
1. U Should plan for employee engagements...motivate them and give Rewards and
2. U can stop them by signing a bond at their Joining time.
3. U Sholud have an eye on employees those who are more interacting with the
17th July 2009 From India, Bangalore
can we add any clause to the NDA which says he cannot join any of the clients he is working with?
17th July 2009 From India, Hyderabad
I had heard this once (from my former employer) that you can sign a bond with your client reg the same. Please find out from some expert....
17th July 2009 From India, Mumbai
You should firstly make anti poaching agreements with your clients that they will not appoint your employees if approached. This reduces half the trouble. Next you should frame a exit procedure and enforce it by making your appointment orders more strict as regards following the exit procedure. Finally you should offer such benefits /compensation packages to your employees so as to prevent them from going in search of more lucrative jobs as soon as they join you. For this you should contemplate giving both a regular salary as well as a variable salary comprising of incentive which drives both ways thus rewarding good work while also punishing sloppy work. Once this is set in place both the employee as well as your company could grow better.
17th July 2009 From India, Bangalore
you improve your can have internal contract with your client that they should not appoint your employees.
if you are having any agreement as suggested that will be illegal.
any contract by which restraint someone to do any trade ,business or profession is illegal.
j s malik
17th July 2009 From India, Delhi
First of all understand why they are leaving you and joining your clients company, work out a strategy and make course corrections in your systems, facilities and even compensation also.
As smar guy you can have a contact with one of the employee of your client and find out what the difference and act accordingly.
As rightly mentioned by some of our friends you can have an agreement with your client that they should not poach and induct your employees or even for a minimum of one year after leaving your company.
this may resolve your issues,
Thanks and regards - kameswarao
17th July 2009 From India, Hyderabad
You can formulate an agreement with the client stating that they can't appoint any of your employees till six months of there resignation.
Mention the same information in the offer letter of employees as well to avoid such situations.
17th July 2009 From India, Hyderabad
Dear , You can prepare NDA for your clients and as well as for your employees .Find attachment for NDA format Thanks, Shivani
17th July 2009 From India, Lucknow

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Before initiating any action, it is advisable that exit interviews should be conducted and try to find out the reasons for frequent turnover of the employees. On the basis of conclusions of exit interviews necessary remedial action should be initiated.
18th July 2009 From India
The best thing your friend must have done long back is sign a 'non-poaching of employees' OR 'A non hiring of each others employees' bond with all your clients. Let me know if you need more help
18th July 2009 From India, Bangalore
The Agreement/Contract between the client and the service provider is a mutual understanding and not shared withemployees even during rejection in interviews in case.
I have noticed many MNC companies in India and US taking up such measures.

18th July 2009 From India, Bangalore
Dear ,
You can get contract with employee stating about there should not be joining at client'sorganisation within six months time at the time of leaving our organisation.
Try to avoid direct contact with clients and there should be code for your client to avoide exposure and you need regular monitoring on this.
Please alert your HR dept.
Best Regards
Sajid Ansari-Delhi
18th July 2009 From India, Delhi
Hi All,
Thank you very much for your suggestions.
He already have a anti poaching agreement with the client, but he cannot proceed legally with the client because the client is too big and this guy will be a nothing for him. Its a small co. of 15 employees
And the reason for the employees to leave his co. is, they are lured by brand image, pay...of the client co...
Despite of paying bonuses to the employees after every project, awarding the best employees, employee engagement activities like get togethers, birth day parties...
This is happening
I also advised him to engage employees in making some decisions, generating new ideas....awarding the best ideas..
But of no use
19th July 2009 From India, Hyderabad
As others have suggested, some things your friend could do:
1) Sign a separate non-poaching agreement with his clients.
2) Include a non-poaching clause in every agreement.
3) Talk to the clients and request them to refrain from hiring your employees because it would impact the completion of the work you are doing for them. One of the large ITES companies (a banking BPO) in Vizag has agreed not to hire anyone from smaller local BPOs until and unless the candidate has received a relieving letter from them (local BPOs). They did not need to and could have just ignored the troubles of the small companies but they were nice enough to understand.

In addition, another alternative your friend could do try is to talk to the client(s) and reach an agreement with them...he/she trains his employees and when they are found to be good enough to be hired by his/her client(s), they (client) pays him a recruitment fee.

Maybe your friend is good enough that this can become a second line of business - turn the competition for resources into an opportunity to make money.

Good luck to you and your friend.
20th July 2009 From India, Jaipur
One of our employee has resigned & joined our competitor company.
We have not got signed any NDA or any type of agreemnt.
Is there any lawas base on that we can force him to that he can not join.
Can any budy guide me?
23rd July 2012 From India, Ahmadabad
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