previous episode of this series, Mayer Brown JSM discussed the
implications of sharing sensitive HR information when the
Competition Ordinance comes into force. Colin is now puzzled by the
potential problems relating to non-solicitation agreements...
Colin: You mentioned that a
non-solicitation agreement with a competitor could pose
"problems" under the Competition Ordinance. What kind of
"non-solicitation agreement" were you referring
Mayer Brown JSM: I was referring to an
agreement between competitors operating in the same market not to
solicit employees from each other. In fact, a simple arrangement or
acknowledgement not to poach a competitor's employees may
violate the Competition Ordinance.
Colin: But I don't understand. How would this affect
Mayer Brown JSM: This type of non-solicitation
arrangement would restrict an employee's mobility, which would
in turn distort competition in the job market.
In fact, the legality of this type of non-solicitation agreement
came under scrutiny recently in a high profile antitrust court case
in the United States involving key players in the technology
industry. The case eventually ended with an agreement to settle
with the affected employees, but by August 2014, the settlement sum
was still in dispute.
Colin: Okay, I won't get involved in any
non-solicitation arrangement with a competitor then...
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issues and developments of interest. The foregoing is not a
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On 1 January 2017 the Financial Services Rule Book 2016 comes into operation. With this will be the requirement on all Isle of Man licence holders to establish, implement and maintain an effective whistleblowing policy.
The Ministry of Human Resources has recently issued a string of new ministerial resolutions and decrees designed to address gaps in the employment regulatory framework and reinforce existing legislation...
In April 2016, the Hong Kong Privacy Commissioner for Personal Data issued a Revised Code of Practice on Human Resource Management and new Guidelines on Monitoring and Personal Data Privacy at Work...
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