Hi experts
I would like to know if a company has any authority to control their ex employees after they got relieved?
I have heard a situation where a person got communications from his previous employer that the person is working with a company that was the ex employer\'s client with whom this person worked earlier, and he should not work any way with them and it is illegal. while reliving he did not receive any list of companies and other things.
is it a valid one? the person is getting confused with email communications. how to handle this??
communinication saying that the prson broke employment agreement.
pls suggest
thanks
heeru
From India, Gurgaon
I would like to know if a company has any authority to control their ex employees after they got relieved?
I have heard a situation where a person got communications from his previous employer that the person is working with a company that was the ex employer\'s client with whom this person worked earlier, and he should not work any way with them and it is illegal. while reliving he did not receive any list of companies and other things.
is it a valid one? the person is getting confused with email communications. how to handle this??
communinication saying that the prson broke employment agreement.
pls suggest
thanks
heeru
From India, Gurgaon
Thank you govind for the quickest response.
it was not compitetor and offer letter do not contains any of such list. appointment letter consist of only 2 clauses .. not at all related to this.
thanks,
From India, Gurgaon
it was not compitetor and offer letter do not contains any of such list. appointment letter consist of only 2 clauses .. not at all related to this.
thanks,
From India, Gurgaon
I am not clear whether the employee got relieved properly from the previous employer. Even he has not informed the company about his quitting the job and this query is after a few months / year then the previous employer has no hold and he cannot question his next appointment. It is not illegal. The previous employer cannot do anything. However since present employer is the client of the previous employer he may give pressure to the present employer to terminate him giving some reasons as he is having the influence.
You say that he is relieved and if it is so the previous employer has not locus standy to control him or use him. If he is receiving he mails let him reply saying that he is relieved from them already and he is no way responsible for any of the matters concerning the company. There is absoutely no confusion
From India, Madras
44You say that he is relieved and if it is so the previous employer has not locus standy to control him or use him. If he is receiving he mails let him reply saying that he is relieved from them already and he is no way responsible for any of the matters concerning the company. There is absoutely no confusion
From India, Madras
The employer cannot bind him or tell him that he cannot work with competition. He just needs to respond back politely stating that the terms of appointment do not specify this binding, but in any case, since this issue has been raised and he is getting a legal opinion on this. The ex employer will stop communicating. And if he does not, then inform the current employer that the ex employer is harassing him. If the HR department is proactive and caring enough, they will themselves get a lawyer to respond on his behalf. In case they don't help out, he may contact a lawyer to respond back stating that he is being harassed and intimidated and this is causing consequences in his performance.
Tell him not to worry. You have said there are lots of mails. If it was legal, then by this time, the ex employer would have written to the current employer about the violation of contract and also would have initiated a legal case. So, tell your friend to be in peace.
From Indonesia, Jakarta
Tell him not to worry. You have said there are lots of mails. If it was legal, then by this time, the ex employer would have written to the current employer about the violation of contract and also would have initiated a legal case. So, tell your friend to be in peace.
From Indonesia, Jakarta
Please ask him to copy all emails to his boss or higher authority if it is really very crucial or previous company need some help to sorted out some pending issues after relieving the employee.
Please ask him to submit the time frame to sorted out all the matters and reported weekly data of call made to previous employer with reason.
Even if he/she is violating the norms then it will be illegal or legal action can be taken.
From India, Delhi
Please ask him to submit the time frame to sorted out all the matters and reported weekly data of call made to previous employer with reason.
Even if he/she is violating the norms then it will be illegal or legal action can be taken.
From India, Delhi
A contract can sometimes include restrictive covenants/binds, particularly to prevent an employee from taking clients from a previous employer. These covenants have to be reasonable or they will be ruled inadmissible by a court so it is important for a employer to make reasonable demands. One of the key things for an employee is that these covenants can not be a barrier to them finding new work or employment. e.g. A plumber could not be prevented from working in his local town, however a covenant/bind that prevented the plumber from contacting existing clients of that business it could well be deemed reasonable. Also a time frame is of relevance in certain circumstances. There is no hard and fast rule but often it comes down to whether employees actions can be deemed to be harmful to their previous employer.
From United Kingdom, London
From United Kingdom, London
In some cases there are agreements within the employment offer or signed after that, which talk about non-solicitation and Intellectual Property protection of the companies. This is there in all employment agreements of major companies specifically int he technical and research oriented companies worldwide. If there is some agreement which the employee has signed, his/her employer can initiate a legal action based on the agreement but it is generally difficult for the employer to win such cases unless if its direct and/or willful violation of the agreement.
Only in such cases your friend needs to fear of any legal action, else he can simply ignore this or if he wants to counter attack he/she may file a case in the labour court against the previous employer (but not suggested).
Also the point that he/she needs to report this matter to his current employer/HR is also a suggested action in this case.
Regards
From India, Hyderabad
Only in such cases your friend needs to fear of any legal action, else he can simply ignore this or if he wants to counter attack he/she may file a case in the labour court against the previous employer (but not suggested).
Also the point that he/she needs to report this matter to his current employer/HR is also a suggested action in this case.
Regards
From India, Hyderabad
it is so confusion that nothing can be understand whom u are talking about client co or company worked with
From India, Hyderabad
From India, Hyderabad
Of course, some third-rate organizations stipulate such conditions in the appointment order and without going through the implications of it, it is also accepted with a signature on the copy of the appointment order, which is a wrong precedent of the employer.
If such condition is to be adhered to, and the employer is vigilantly following it up in the matter after the employee is relieved, i do not think these are good hr practices. Hr department should advise the top management with professional ethics.
If any employer is harassing an ex-employee in such matters, the pil could be filed by an advocate as a social revival.
If any employer is objecting the employee for working for the competitor or supplier or client company, we can very well say that nobody in india would change their job to the other employer of the same business. For example employees join an employer after resigning and relieved by the present employer from it or ites, are they to be punished for joining an employer of similar one.
Very uncrupulous hr practice.
From India, Pune
If such condition is to be adhered to, and the employer is vigilantly following it up in the matter after the employee is relieved, i do not think these are good hr practices. Hr department should advise the top management with professional ethics.
If any employer is harassing an ex-employee in such matters, the pil could be filed by an advocate as a social revival.
If any employer is objecting the employee for working for the competitor or supplier or client company, we can very well say that nobody in india would change their job to the other employer of the same business. For example employees join an employer after resigning and relieved by the present employer from it or ites, are they to be punished for joining an employer of similar one.
Very uncrupulous hr practice.
From India, Pune
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