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No-Poaching agreement

Created by : Anuj , Senior Technical Project Lead, Huawei Technologies India  | 04 07 2010 09:08:37 +0000
Industry : Telecom/ISPFunctional Area : India(Markets)
Keywords : no-poaching agreement
Activity:  2252 views;  last activity : 05 15 2011 13:22:50 +0000

Do you think companies are justified in doing no-poaching agreement??

  
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Top Argument
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Hi anju, I think nowadays the comapanies are having proper polciy norms for their employees. Proaching has reduce compared to the earlier days, the reason being growth and emergence of of many companies. And education played a vital role in overcoming this isssue. So employees are more aware of these kind of agreements and the management is also cooperating with their employees.

Thanks..... :)
By Darshana Sawant, HR Manager, Leading IT services company  04 08 2010 11:29:29 +0000
 
Top Argument
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Opportunities should not be closed or narrowed. Every individual is looking towards growth and hence it depends on organization as to how strong their strategies are/should be to ensure retention of best talent. For junior profiles that is between fresher till 10/12 years of experience professionals. At the end of day an individual earns for his/her bread & butter and if the competitive organization (which can afford the individual) has signed no poaching then the growth of individual is stopped / halted there. And no other company can afford the same profile.

 

However on a very strong note No Poaching agreement can be implemented on senior most profile (w.r.t years of experience and expertise) because lot of projects or important revenue depends on such profiles, as an alternate organization should encourage to provide consultation of such profiles for any training which they can charge.

Hence the organization needs to decided as to which level No Poaching should be implemented.

Regret if my views hurt any professionals.
By Nitin Jagdale, Lead Human Resources  04 08 2010 14:34:21 +0000
Arguments in: "No-Poaching agreement "
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Now, at last the scenerio is changing.  Cos are going for No Poaching agreements to discourage (frequent) job hoppings. This might have been done to save huge investments loss when employees leave after being well trained in soft and hard skills  in a company and exit even without a notice to join the competator just next door.

Job hopping became a "fashion" even. There remained no word "loyalty" to the employers.

A working solution ma be 'no poaching'. However, this might be  prevalent in same Industry only. One may be allowed to change his/her industry altogether. If he/she has guts, may prove talents even after change of industry.

 
By ASOKE KUSARI, Domestic Private Banking-Executive/Manager, A large leading PSU Bank - India  | 04 09 2010 13:22:48 +0000
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ncie Force Factor
By egglsen marten, dfdsfdsf, wisepromo  | 04 09 2010 11:54:24 +0000
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My name is ravindra and i have joined Blue Star in the HR Department. I have a few doubts pertaining to No Poaching Agreement. 1. How relevant is this document? 2. Can the company actually sue the other company incase of an agreement with other company? 3. Can anyone send me a copy or a draft format for me to go through the relavant points? My company does not have a no poaching agreement with any company, however we are in the process of implementing the same in the very near future, hence the tread.
By ravindra shrivastava, Information Systems(MIS)-Manager, iifs pvt ltd  | 04 09 2010 11:49:02 +0000
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Each Employer - This maybe primarily refers to Software Houses maybe - have their own distinctive styles of management, mechanisms to develop, test, execute programmes. This at times is largely proprietary. Also, with knowledge of the company's projrcts, customer base etc., they will be an "interesting" object to poach. The non-poaching agreement for a period of 6 months appears to be a valid.
By V. Srinivas, Freelancer, Information Technology  | 04 09 2010 11:39:22 +0000
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I strongly recommend No-poaching agreement for top level, middle level and lower level management.No one should be excluded.....

Here, i would like to contribute addtional information about the impact of no poaching agreement. It is legal document so it has to prove/justify that poaching has taken place due to ex employee only. If not then poaching agreement have no value even though some one signed it.

Thnx
By Keval , Founder & CEO, Cloud Computing TechSolutions Pvt. Ltd.  | 04 09 2010 04:12:17 +0000
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No poaching agreements have a basis for reason. There are issues involved - such as trade secrets, copy rights, proprietary technology, patents - which require the company to do the utmost to retain employees and prevent them from going over to their clients. It is in the interest of the organization.
By RAMESH KANDADAI, Principal Consultant, ARM Consultants  | 04 09 2010 04:07:00 +0000
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The proper policy norms among corporate world has subdued the slalom.The poaching was increasing avoidable animosity.
By Mohammad Bakhsh, Project Leader/Managing Consultant, Freelancer  | 04 09 2010 03:32:05 +0000
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yes i agree becoz The war for talent has intensified and organizations are using every rule in the book to retain the competitive advantage of skilled workforce. However do you feel that it’s fair to have clauses in terms of agreement in order to restrain employees from making career moves?

After all when the high demand for a particular talent/skill may remains only for a specific period of time, so why not let them make hay when Sun shines.

I’m sure HR folks will disagree. But in a perfectly competitive market labor is mobile and most of the organizations today believe in buying skills rather than developing skills.

Large and established organizations typically have large training facilities and spend on developing quality manpower. However some prefers to adopt the buy strategy and are willing to pay extra for folks with some experience and training. This situation presents a unique challenge to HR in all organizations.
By shweta varshney, learner, bulls'i' HR Solutions  | 04 08 2010 23:50:00 +0000
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I strongly support no-poaching agreement. Let me be more straight forward.

Wipro, Infy, TCS, Accenture, Capgemini & Deloitte all these companies are big 6 consulting companies there is no much difference in their projects, industry they service etc etc just the atmosphere is different. It is frustrating to see a sr developer, PM, leave them & join their competitor(s) just because they are paying him/her better package which might not be out of the world offer!!!

I strongly recommend No-poaching agreement for sr. engg, TLs, PLs, MLs, PMs, architects & management team. HR should be excluded!!!

 
By Amit N Bhagwat, Recruitment Manager  | 04 08 2010 17:23:20 +0000
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Poaching is sometimes important for the competition, you can't stop it. If you are loyal, u will not go. But u r not properly recognised, u need to make move.

Love money. No loyalty to the company. The company can sack u at any point of time!. We need to be cautious, while accepting the offer from the competition, some times it's good and some bad!.

It depends on the indvidual, how he or she taking risk!

Loyalty will not bring money. So make sure, if you want any new challenges, move on. Only while leaving the organisation, make sure don't take their database or any customer info. May templates, policies we can take. We should have the professional ethics!

 
By Syed Thameem, Telecom Consultant - Senior, Consultant  | 04 08 2010 15:50:50 +0000
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Yes. These has in multiple advantages:

  1. It helps avoid well trained talent walking into the hands of competition
  2. "Industrial espionage" is a major factor nowadays - no poaching agreements can help avoid this.
  3. This also aids in the addition of fresh ideas into the system.
    I mean someone who has worked with competition, may have tunnel vision so to speak. What is the point getting such a person on board?

From the employee side, what is the point in working for competition when there are so many options available nowadays?

Will moving to competition add to ones professional growth? I doubt.
By Swapnil Sulakhe, Partner/Principal/VP, Vitasta Consulting Pvt. Ltd.  | 04 08 2010 12:02:05 +0000
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Rediculious. You cannot stop talent from growing. No Poaching policy is doing exactly the same. A good company should know how to retain their talent and value them. if my talent is recognised by some one else wats wrong in it...
By Amit Rahate, Team Leader, HPSI  | 05 15 2011 13:22:49 +0000
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No Poaching should be taken from the top mgmt, while they leave the organisation, as they will have more influence on other staff.
By ANAND KUMAR, Sr.Executive- HR & Compliances , Metropolis Helthcare Ltd.  | 04 08 2010 13:34:45 +0000
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I think as an employee with such a less choices in Telecom area it's not justified from these companies to involved in no-poaching agreement.
I agree with the fact that company do a huge investment in developing competency among employees but I think company can go for some tenure bond rather than doing no-poaching with all the big shots
By Anuj , Senior Technical Project Lead, Huawei Technologies India  | 04 07 2010 09:08:37 +0000
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