Dinesh Divekar
Business Mentor, Consultant And Trainer

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Hi All, We had these terms in our Agreement sent to the client with whom we have associated 3 months back. But they have not yet signed and kept on delaying and now they have started poaching our employees by giving them attractive packages and trying to canvass our employees working with them. We have at least 10 of our Developers deployed with them. We have already informed the client(HR) to not to call our employees and to sign the agreement. Our is an Indian IT company and the client is also an Indian based company.

Kindly give a valid solution and also any legal terms/ actions which we can include in the clause for both employee and employer.

There are already bigger IT Companies who too deploy their employees to the client would like to know on what basis or terminology they sign such contracts with the employee or employer.

From India, Salem
Dear Anne,

As a service provider, you have started providing your services without signing a legal contract. Now you cannot question other party for not adhering to the terms of the contract as the verbal agreement is not legally valid.

In your city, you need to form an association of all the service providers who provide the services that you also provide. First all of you get on the same page and agree that unless one of the members of the association provides the NOC, the other service provider does not start his/her services. This will bring the discipline in your industry.

If the association of the service providers blacklists a particular client then no member of the association should provide the services to that client. If you do not have this type of deterrent, the clients will remain intransiegent.

Therefore, before you commence the services to any client, you need to have two types of contract. One is with the association and another with you. This will work in a far better way to make the clients tractable.

Thanks,

Dinesh Divekar

From India, Bangalore
Now what is the solution to the present case.
Kindly give a valid solution and also any legal terms/ actions which we can include in the clause for both employee and employer.
There are already bigger IT Companies who too deploy their employees to the client would like to know on what basis or terminology they sign such contracts with the employee or employer.

From India, Salem
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