No poach policy- final part of the series

Hello Friends,

Thanks if you have read my earlier 2 posts, if not please read. The first post tells about details about no poach agreement and referral and ethical dilemma.

Here is the third part, ethical policy. To be very frank, there is hardly any organisation who will have no poach as a policy. Still, if you want to implement this as a policy, you may use following. This policy particularly designed considering the ethical dilemma. You may modify it according to your need.




Employee no poach policy

Volume­ : 2016.1
Chapter : 1
Responsible Executive: Head- Human Resource
Responsible Office: Human Resource
Date Issued: November 30, 2016
Date Last Revised: November 30, 2016

1.      STATEMENT OF POLICY


This policy is applicable to all the existing employee, volunteer, staff of the organization, partner institute and organization, vendors / suppliers, consultant and all the individual and organization who have access of information of human resource of the organization.

2.      REASON FOR THIS POLICY

Human Resource is one of the most important resource for any organization and the damage to organization happens due to poaching and soliciting those employees. Many time, due to lack of the information about such policy creates such conflicting situation. This policy enables people to take informed decision.

3.      Applicability of THIS POLICY


All the present employee, volunteers, partners, vendors/ suppliers and consultants
All the ex employee, volunteers, partners, vendors/ suppliers and consultants upto 12 months period from their last day in the organization.


EXCLUSIONS

None


RELATED DOCUMENTS, FORMS AND TOOLS


This policy is linked to non disclosure agreement/ confidentiality agreement signed during your employment and / or association with foundation and also part of foundation’s code of conduct.

Policy details
Non-solicitation of clients

1.       All people/ stakeholders mentioned in the section 3 agree and comply that for a period of twelve (12) months from the date of termination of my employment with A  foundation not to directly or indirectly solicit competitive business from any client or customer of the organization (including any potential client of A  foundation) that was contacted, solicited, or served by you or about which you received confidential information while you were employed by A  foundation, nor for the same period of time, you will perform services or accept any business, competitive with that of A  foundation, directly or indirectly from any of the customers and clients described above, which involves you performing similar functions or acting in a similar capacity as when employed with A  foundation.
Non-solicitation of other employees for employees and vendors

1.       all the people/ stakeholder mentioned in clause 3 of this policy agree so long as employed by A  foundation and for a period of twelve (12) months after leaving for any reason whatsoever, not to directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any employee of A  foundation to terminate his or her employment with the Company or otherwise to act contrary to the interests of A  foundation. Similarly, when you are exercising the benefit of referral policy, you will not solicit any of your past organisation’s employee if you have signed any no poach agreement with your past employer till such agreement is effective.

2.       This policy does not restrict an employee or employees if after leaving the foundation, they start their own venture and the nature of business is completely different from the work of A  foundation. This includes but not limited to 1. Any organisation working on elementary education, primary healthcare, skill development and sustainable livelihood and financial inclusion.
3.       The employee agree that it will not solicit any vendor, supplier, beneficiary, schools, institutes, community for a period of twelve (12) months after leaving for any reason whatsoever, not to directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any partner, beneficiary and supplier of A  foundation to terminate his or her employment with A  foundation or otherwise to act contrary to the interests of A  foundation.
4.       No solicitation clause for vendor: Any Vendor including recruitment consultant handling hiring activities for A  foundation  will not solicit employee of A  foundation when the contract between you and A  in force and for a period of twelve (12) months after termination of the contract for any reason whatsoever. The vendor/ partner must not  directly or indirectly recruit, solicit, or otherwise induce or attempt to induce any partner, beneficiary and supplier of A  foundation to terminate his or her employment with A  foundation or otherwise to act contrary to the interests of A  foundation.

 Conclusion: Organisation need to behave with maturity. If you think your employees should not be poached, you should also incorporate clearly no poach clause in your own referral policy. This will avoid ethical dilemma and create win win situation for all. 

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