Hi!
I have resigned from an IT company after working for more than seven and a half years and serving the required notice period of 60 days. Now, after more than a month since ending my association, the company's HR department is asking me to sign an "Invention Assignment/Non-Disclosure Agreement (NDA)." My initial appointment did not include a condition for signing such agreements, and this policy change was never communicated to me or other employees during my time with the company. Additionally, the company has neither provided me with a relieving letter nor paid my dues, including salary for one and a half months, annual components such as medical benefits, performance incentives, LTA, and gratuity. Furthermore, most of my colleagues have not been asked to sign such an agreement. The agreement contains strong clauses such as restricting employment with customers, business partners, competitors, or potential competitors for a year and agreeing to compensate damages in cash, among others.
Please advise on the following:
a) The legality of the company's request for me to sign this agreement after leaving the job.
b) The validity of the clauses in the NDA.
c) Ways to secure a relieving letter and payment of dues.
Thanks.
From India, Mumbai
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I have resigned from an IT company after working for more than seven and a half years and serving the required notice period of 60 days. Now, after more than a month since ending my association, the company's HR department is asking me to sign an "Invention Assignment/Non-Disclosure Agreement (NDA)." My initial appointment did not include a condition for signing such agreements, and this policy change was never communicated to me or other employees during my time with the company. Additionally, the company has neither provided me with a relieving letter nor paid my dues, including salary for one and a half months, annual components such as medical benefits, performance incentives, LTA, and gratuity. Furthermore, most of my colleagues have not been asked to sign such an agreement. The agreement contains strong clauses such as restricting employment with customers, business partners, competitors, or potential competitors for a year and agreeing to compensate damages in cash, among others.
Please advise on the following:
a) The legality of the company's request for me to sign this agreement after leaving the job.
b) The validity of the clauses in the NDA.
c) Ways to secure a relieving letter and payment of dues.
Thanks.
From India, Mumbai
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Hi,
No company can ask for an NDA agreement once you have left the job. The simple logic is you are not an employee of that company, and as such, you will not sign any clauses. This is a clear case of blackmailing. You can contact any lawyer and issue a notice to your company. I am sure a lawyer can guide you in a very good way for this. If you have proof and can demonstrate that you have served your notice period, then no company or HR can deny you a relieving letter or your final settlement of funds.
Regards,
DJ
From India, Bangalore
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1No company can ask for an NDA agreement once you have left the job. The simple logic is you are not an employee of that company, and as such, you will not sign any clauses. This is a clear case of blackmailing. You can contact any lawyer and issue a notice to your company. I am sure a lawyer can guide you in a very good way for this. If you have proof and can demonstrate that you have served your notice period, then no company or HR can deny you a relieving letter or your final settlement of funds.
Regards,
DJ
From India, Bangalore
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My friend has left one company and signed an agreement for two years in a contract role. There is no PF or ESI, and they have not followed what was outlined in the agreement, such as incentives and salary hikes. Now, they are threatening him by saying they will take action.
Please let me know if you need any additional information or assistance.
From India, Madras
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Please let me know if you need any additional information or assistance.
From India, Madras
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India Employee NDA new (2).doc