Non-poaching agreement: can it be bypassed?

Question

Law in IT

Hello! I am now working through an outsourcing company for a very cool startup in Europe. Everything is fine - a cool stack, interesting people, mega-adequate bosses. In general, I have been oiling skis for Europe for a long time, and these guys are ready to accept me and issue an offer. One thing - between my employer and my customer there is a non-poaching agreement, according to which, in the event of my transfer, the customer must pay a fine of two (!) Full annual salaries. And this is not the money that they pay me, but the money that they pay for me (and this, as I understand it, is about $ 150k for two years). Naturally, the startup is not happy with the amount, it's really dofiga.

In general, the question is - has anyone been in such a situation? Can I bypass it somehow?

Answer 1

There is an agreement. In Europe. Can I bypass it somehow?

There is only one answer to any such question - you need the text of the contract and a lawyer rummaging around in your jurisdictions. There is no point in playing a guessing game. Someone may have been in a similar situation, but specifically your contracts are specifically your contracts, and not some similar ones. Plus, in addition to formal laws, there is a radish effect. If someone behaves like a radish, no one wants to deal with him. Maybe your startup, by law, will not owe money to outsourcing, but then outsourcing will send this startup to hell, but they may not need it. And again, we do not know your specific details and the motivations of the participants in the conflict.

Answer 2

Whatever is written in the contract, you can always negotiate. Bargaining is appropriate anytime and anywhere. You could be bargained with your current employer for adequate compensation if you wanted to. Most likely, everyone, except you, is happy with everything.
After all, this is a very cheap motivation: to tell a contractor’s employee: oh, we would have made you an offer if it weren’t for insurmountable circumstances. He works 100% in noodles on his ears, gives all the best, and in fact there are no insurmountable circumstances.

Answer 3

I myself was in such a situation with two Russian offices - nothing happened.
Somehow I also observed a case: an employee of company A had already agreed on employment in company B, wrote a letter of resignation, but suddenly company A became aware of this situation. There was a big scandal, company A demanded compensation.
As a result, the employee left one office, and was not taken to the second one. Such a story.

Answer 4

You shouldn't do anything like that.
Do you have a non-compete agreement? There is. Is he signed? Signed.
If you don’t give a word, be strong, but if you give a word, hold on. So stick to the signed contract.
If the deception comes to light, the fine and the conflict between the companies will be completely natural. The black mark that you can get in this case is also 100% deserved.
Protect your reputation and do not start your career with a scam. Normal companies shun people with similar histories in the past, and rightly so.

Answer 5

quit on your own, wait a month, get a job there)

Answer 6

Non-poaching agreement: can it be bypassed?

In the domestic legal field there is nothing about either the NCA or the NDA. You can score because you don't break any laws.