The term ‘poaching,’ with which we might be well acquainted, refers to ‘illegal hunting.’ When discussed in the context of animals, it is considered an unlawful act. However, in an increasingly dynamic and competitive environment, poaching is not restricted only to animals. Companies and employers have also embarked upon poaching employees. Hence, the question up for debate is whether the poaching of employees should be legal.
MEANING
Before we get started, let’s ascertain the correct meaning of the term we’re discussing. Employee poaching, talent poaching or job poaching refers to the process of recruiting employees for competing companies.
HOW DOES IT WORK?
In this day and age, people everywhere are well aware of their potential and skills. So, most people will not settle for less when they have developed the skills and expertise to be several steps up the ladder. Considering this, employees have devised their own strategies for surviving the competitive culture. Here, poaching is one such alternative. Employers frequently prepare enticing pay packages in order to attract high-caliber employees from competing firms to apply for positions in their organization.
PROS AND CONS
Employees often find themselves in a better position when poached by firms because they tend to possess greater negotiation power, greater prospects of higher wages, and greater opportunities for skill learning and career development. However, they should only change their jobs after carefully evaluating other factors such as stability, loyalty in doubt, etc. Employers, too, find themselves, as well as the company, in a lucrative position because they possess high-caliber employees who can accelerate the growth of their firm.
IS IT ILLEGAL?
Poaching of employees is not illegal because the employees being poached exercise their own sense of mind and judgement during the process. They can be poached only when they agree to it. Moreover, the purpose behind it is to utilise the potential of efficient human resources by providing them with prospects of career growth and simultaneously depriving the rival firm of that human resource. However, it may be considered an illegal activity if the purpose behind it is to spy on the confidential information of the rival firm.
PREVENTIVE MEASURES
Human resource management practices that can prevent employees from being poached by other firms should definitely include keeping their employees happy and satisfied. It is quite essential to identify the needs of the employees on time and look for their redressal when required. In order to undertake legal assistance to ensure the sustenance of employees, firms can enter into a ‘No Poaching Agreement’ with rival firms in the industry. This contract prohibits firms from offering employment contracts to employees who are already working in the organisation with which the contract has been signed.
Another secure legal assistance option could be entering into a Non-Compete Agreement with the employees. The non-compete agreement states that the employee will not work for a competitor for a certain length of time after their employment ends with their current employer.
Thus, in my view, poaching employees cannot really be looked at as something negative as it inculcates greater competition among firms and provides employees with the opportunity to enhance their lifestyles.