Das ka Dum with Dr Bhaskar Das: Do you think it’s right for media organisations to strike non-poaching agreements with other media firms? After all, where else will a media professional go…

21 Jan,2020

It’s a question which many have asked and wondered why media companies get into such unfair practices. We asked this question as part of the Das ka Dum series by Dr Bhaskar Das

 

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Q. Do you think it’s right for media organisations to strike non-poaching agreements with other media firms? After all, where else will a media professional go…

 

A. Talent is, in general, decommoditised. So non-poaching agreements are done to ensure that the so-called prized catches couldn’t be leveraged by competition. There is no right or wrong in this. For the employers, this is legitimate to discourage such predatory move and protect company’s tacit wisdom. For employees, they find it unfair as they feel it tantamounts to infringement of an individual’s fundamental right to exercise choice. Judicial precedents have mostly gone in favour of employees. With intensity of competition in every field of business, this trend is expected to continue for some time. But with a flatter world and blurring of industry boundaries, definition of what constitutes competition is also undergoing transformation. Hence I feel cases like non-poaching clause would die a natural death.

 

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