oDesk Agencies need non-compete & non-soliciting policy for its Clients, as well as for its Former Developers
Igor Silchin 1 post - Ukraine - Joined Jan 30 2006
oDesk Agencies need "non-compete & non-soliciting" policy for its Clients, as well as for its Former exclusive Developers - it should be automatically secured by the oDesk functionality. This is very important.
Otherwise this would be a frequent case here:
- an Agency invites a developer to oDesk, shows/teaches what to do and how to operate, applied a lot of efforts to prepare him and find a job;
- the Developer starts working and everything is successful & interesting to everyone involved, until the Developer & the Client decide that they don't need the Agency between them (the aims are obvious - to decrease the Client's expenses & increase the Developer's earnings);
- that way they mutually agree to stop the current contract, leave the Agency (through the staffing manager, because he just can't ignore such a request) and once that happens - another direct contract gets initiated by the Client towards this Developer, just as they agreed before. This way the Agency gets thrown away, as a result.
What is important in this case - the Developer does not violate any non-compete agreements even if they had been signed between the Agency and the Developer acc. to https://kb.odesk.com/questions/1501/Leaving+the+Agency , just because it's the Client who initiates the direct contract afterwards, not the Developer. Although it's all been planned by them.
Of course any Agency will not be interested in loosing his team & the clientbase, and will have to build a "wall" in the relations between any Client and any Developer from him team - just by keeping all the developers out of oDesk. Otherwise - any Developer will be leaving the Agency as soon as the Agency finds a long-term Client for him. This is just about the business interests, and if oDesk earns from the Agency's efforts - it should secure these Agencies interests, otherwise no work will be held through this system, and no earning will be brought - can you agree?
Technically, this should be implemented within the oDesk functionality - if there was an exclusive contractor within an Agency connected at least once to a Client within this Agency, - then he must not have the ability to be hired directly by the same Client outside this Agency (directly), even after having left this Agency. This is quite simple rule, and is so important for the business protection.
More over, a lot of teams are doing that, incl. due to these reasons - by keeping the team out of odesk, but that's limiting the abilities indeed to everyone because of impossibility of the hourly mode this way.
Score: 5.5, Votes: 2