It is not uncommon for an employer trying to protect itself from unfair competition to ask its employees to sign an anti-raiding agreement. Such an agreement prohibits a person who leaves the employer from recruiting other workers from the employer to work for a competitor for a specified period of time, for example. B a year. Contact us to discuss with a lawyer the negotiation of an employment contract or the settlement of a dispute over an employment contract. The non-raid clauses are intended to protect an employer`s commercial interest in keeping its staff intact even after large employees have left. As a general rule, the outgoing employee is prohibited from asking all current employees and all those who have resigned within six months of the employee`s departure date. When the worker asks for these persons, the employer can sue the worker for breach. No stiffening agreement relates to an organization`s attempt to register members of another labour organization or employees already covered by a collective agreement negotiated by another labour organization, with the aim of undermining its bargaining relationship. A non-raiding agreement is a written promise signed by two or more work organizations to cancel the raids. If the Commission receives a timely Raid request, supported by a majority of unit staff, it will order a vote of representation under the first certification procedures A described above: employees may choose another union to represent them. In this case, they would ask a competing union to file an application for certification with the employment agency. This process is often referred to as “Raid.” Raid applications are only allowed during the open periods described above.
A raid union must prove that it has the support of 40% or more of the employees of the collective agreement unit. When the board of directors meets the requirements of the code, it usually executes an employee voice. If the majority of voting workers decide to be represented by the looting union, the board of directors transfers the rights of the collective agreements and the collective agreement of the former union to the new one. The status of successor to the employer applies when companies engaged in activities under the federal labour jurisdiction are sold or transferred in a manner that is within the jurisdiction of the provincial labour court.