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Employees leaving after working 2-3 months and joining with competitors

(Querist) 26 September 2014 This query is : Resolved 
Dear Experts,

We are facing some serious issues regarding employees who are leaving after 2-3 months work with all silly reasons and joining with competitors. To prevent this my company planning to put some conditions while employing them, These are follows;

1. To keep the original educational certificates.

2. To make a bond with a condition that they cannot leave the company for 2 years and in case of reasonable explanation to pay Rs.100000 to the company as compensation for the training and other related expenses incurred on them

3. To put a condition that after completion of 2 years they need to give a two months notice period to resign and cannot join with the competitor at least 6 months after they resigned from the company.

and i request you to clarify how far these conditions are feasible under various laws

and

what steps or action we can take against those who breached the employment agreement.

looking for your valuable advises

thanks and regards

Surendra kumar
ajay sethi (Expert) 26 September 2014
company can afford legal fees
Rajendra K Goyal (Expert) 26 September 2014
Consult your legal adviser.
Kumar Doab (Expert) 28 September 2014
Agreed with Mr.Sethi.

Such is the matter that you shall need to retain a lawyer…………………………….to draft such agreements and check whether you can do anything………………….and also whether you shall succeed.

One option that does not involve any cost and fee is that; create such work environment, compensation, growth structure that employees would love to stay with you.

It is almost certain that you won’t be babe to earn anything from employees even if you create so called BOND……………………
Advocate. Arunagiri (Expert) 28 September 2014
I suggest you to retain a local advocate for drafting of the employment agreement.


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