Switching from Bharti Airtel to Idea Cellular: Is It Possible with Anti-Poaching Policies?

I'm working at Bharti Airtel Ltd, and I am interested in moving to Idea Cellular Ltd. Is it possible, and what is the policy regarding that (anti-poaching agreements)?

Thank you.

There are no anti-poaching agreements as such; hiring decisions are an employer's prerogative. As an employee, have you signed an NDA (Non-disclosure Agreement) or even a Non-compete Agreement with your existing employer? That might mention a duration within which you cannot work with competitors and clients of your employer.

I look forward to the expert advice from our leaders and mentors here.

Please provide the clarifications (Cite Contribution) requested. However, going by the wording you used, you seem to be very particular about joining Idea Cellular—why only Idea Cellular and not any other reasonably good or large telecom company that exists in the country?

Regards,
TS

Please go ahead and join. There are no labor laws and acts that regulate these aspects, and many employers draft draconian agreements. Certain clauses of NDA and NCA have not found favor with the courts as they infringe on the right to livelihood of a person. Such agreements will look good in law only when they provide a "pension" or some monetary compensation for the period during which they intend to debar a person from seeking another job. Everyone has a right to feed their family.

In certain professions, people will only go for a competitor in that industry. Can anyone expect, for example, a TV anchor not to seek a job in another channel but to work in the hospitality industry? Should an air hostess seek her next job with Railways instead of any other airline?

Warm regards.

It is an agreement between two or more parties/companies that they will not engage in poaching activities from the other parties/companies who have mutually agreed to do so or not hire employees coming from those companies in such an agreement.

This kind of agreement is rare in India and is not valid or enforceable under law. However, since it is between two or more parties, the parties to the agreement have full authority to do so until the moment they want to stick to it or it doesn't adversely affect their business interests.

I think the motive for such an agreement is just to prevent employees from switching from one competitor to another, especially in scenarios where there are few players/competitors but limited skilled manpower is available. In such a scenario, employees switch quite often and ask for phenomenal hikes as the requirement is crucial.

Such an agreement was recently proposed at IGI Airport, New Delhi, for the retailers operating at Terminal-3.

The copy of the same is attached herewith for reference.

Regards,
Vikas