Breach Of Company Policies

Dear All,
One of our employee who has worked with us for 1.6 yrs and has resigned served proper notice but has joined one of our client.. his full and final settlement is still due with us..
Please confirm..whether we can hold the settlement and also we are planning to send a letter.. stating breach of company policy.. as mentioned in appointment letter..
Regards..

You serve him notice but if he put case in court then how you can prove that by joining client you suffered any major loss? Rather what don't you have mou with client directly to not to poach employees.

thats fine.. but he has already joined there.. and now the client is not taking any services from us.. initially we had 3 - 4 resources working there and now we do not have any one working for them.. so this has any ways.. harmed our business..
Regards

As you are not having any relationship client now suggest you to not stop any amount due to employee.

Dear Vishakha,
Dont do it. It will be direct violation of Indian Constitution. Such clauses in appointment letter hold no good in the eyes of Law. Even the Law in violation of Constitution becomes ultra virus and hold no good.. Indian constitution has given every men the right to work for anybody they wish for.. It is a statutory right that cannot be forgiven by the person even. This clause in appointment letters is not enforceable. So in my opinion do not do it. This is personal legal right and cannot be taken away by putting just a clause.

Dear Vishakha,
As i stated above please relieve him immediately. It is not legal to stop his full and final for sone illegal thing. It is used in the appointment letter to scare the employee but actually hold no good in the court of Law. It hold good only at those positions where employee is working on a post where he is exposed to some very important trade secrets or is at very high posts like CEO or likewise...

Thanks a lot.. but then what is the use of our policies.. rules..ect.. when nothing is valid when it comes to Lobour Court.. this is really disappointing..
Regards,