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Mayank

Mayank Rautela  | Answer  |Ask -

HR Expert - Answered on Dec 05, 2022

Mayank Rautela is the group chief human resources officer at Apollo Hospitals.
A management graduate from the Symbiosis Institute of Management Studies with a master's degree in labour laws from Pune University, Rautela has over 20 years of experience in general management, strategic human resources, global mergers and integrations and change management.... more
Ashish Question by Ashish on Dec 05, 2022Hindi
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Career

Dear Mayank,
I'm amidst a peculiar situation in my professional journey.
I work for a private limited company as AGM sales (Industrial) for past 4 years & my contribution to the company's top-line constitutes almost 70% of the company's yearly revenue since I am a KAM of a big strategic account.
Over the past 8-9 years, while I have changed my employers on couple of occasions, my client has remained the same (its the same big account that I refer to). However, in the past I have never joined a direct competitor where there has been a conflict of interest. Always I chose to move to an organization with different product line and thereby expand my exposure, while at the same time keeping intact the integrity as well as dignity of during job changes.
Now, our direct competitor has approached me with a job opportunity in the same market. My present organisation is relatively small,whereas the competitor is a big MNC with better brand value. I tried to stay away for past 2-3 months citing ethical issues, but they still keep approaching. Please suggest whether it will be a good decision to change.
I'm 41 years of age, with 17-18 years experience in Industrial Marketing.
Regards,
Ashish

Ans:

Hi Ashish,

The large MNC is approaching you for your strong connections and they want to capitalise on that for their growth.

If you are happy with your role and the culture of the current organisation, then my suggestion will be to continue with them.

Changing a job is always a risk, particularly in the current economic scenario.

 

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Hi Abhishek.

If you read my column, you will realise that during this global pandemic I typically do not advise anyone to change their job.

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Sir Good day to you. I recently joined a company which is into manufacturing of chemicals our office is located in south Mumbai. I have an vast experience in this industry and considering the offer of the company i have taken up the offer and rejoined this company after 5 years. After joining in the company they asking us to sign a promissory note which come as a surprise. the content of the contract is completely biased and employer centric. The surprising part is that once we resign from this company they stated that we are not supposed to work in the same industry nor with any competitor. Based on the experience we had in the past in this industry we have been offered the job. Further this company doesn't invests anything in training its employees. Here everyone are having vast experience in this segment averaging more than 10 years, so they absolutely no need for them to train on the functionality as this company hire people from competitors only. We need your suggestion that referring to the Indian Labor Law is this a valid contract to upheld the fortune of an employee until he or she make a fraud or misrepresentation made and proven. Is their any legal law withstand in our constitution as Non-competition Agreement and if so what are the guidelines. If it exist how does this help this company as they recruit the employee from competitor itself.
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Indian laws and legal system is a maze. Rather then seeking what is or what is not in the law I would suggest do what works for you. If you are not comfortable signing the agreement don't do it. Because tomorrow if you resign and the company files a case you dont have resources: time and energy to pursue that, while the company has full legal department.

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