meera1234
1

HI,
Our organization is a providing online services and knowledge services catering to a particular Industry. We are introducing an NDA policy for the existing employees as well as new joiners. IN this we have a clause mentioning that the people cannot join similar kind of company serving the same industry that we belong to.
This is not being taken very positively as we are introducing in between.
Can an organization introduce such a policy in between and if no than how can we go about it.

From India, Ahmadabad
gundeapeksha@gmail.com
Hi,
It is not like that you can not introduce such policy in between it depend on the situation or demand of the company, yes it may be difficult for the employee, but it completely depend on you how you represent it....
take it in a positive way...
Best of Luck

From India
Sharmila Das
990

Dear Ms. Meera1234,
Its easy to implement Policies and Procedures and should be effective truly addressed for business making and employee culture. While talking on the NDA its mandate to safegaurd evry company's information. While you have cited the pros and cons of your company's P&P, have you also stated a point that - The company norms can be tailored or customized at the management's discretion. If you'd marked this point, you may very well fit the point and send an email to all the employees/ a circular to the HOD's to inform their respeted team mates.
In the other case, if there has been no such point mentioned by you, talk to your management and the HOD's for the pertinent action and send out a circular, also take signatures to ensure that each member of the staff ha read and understood the same (or) print the policy to the papers [signed by HR] and stick them to the employee workstation (best effetive way).

From India, Visakhapatnam
Sharmila Das
990

Dear Ms. Saradha,
NDA is the Non- Disclosure Agreement. It is an agreement where the signer agrees not to disclose any information vital or non-vital (should be kept confidential) to the other party and maintain privacy policy to intellectual property.

From India, Visakhapatnam
Sharmila Das
990

Dear Mr. Anoop,
Complaince can met by stiff penality by performing timely audits. This can be tread in terms of scrutinizing and creating compliance reports. A likely example, employees email has a privacy disclosure statement below; which cannot be divided or removed. Failing which there is non-complaince and is eligible for penality. Generally speaking many financial or chartered accountants follow the Auditing standards based on the complaince factor. Similarly, it should be ensured on what type of industry we are in and which ones are applicable for acquiescence.

From India, Visakhapatnam
saswatabanerjee
2383

To the best of my knowledge, any restriction on employment in a bond or NDA is illegal and invalid. Restriction on joining a competitor is valid only for limited period in case a proprietor is selling his business. That is actually a non compete clause. It does not apply to employees.
In effect the NDA you are designing has no value.
Do you expect that an employee is going to sacrifice his career to work for you ? Even new employees will refuse to join you and will instead go work for someone else. The only reason a fresher is willing to work for you to gain experiance so that he can do well in his career. You are stating that the experiance is useless as he can't join anyone else in the same industry.

From India, Mumbai
BABUDADA
2

I agree with Mr Banerjee .

Any restriction on employment in a bond or NDA is illegal and invalid. Restriction on joining a competitor is valid only for limited period & it also depend up on which type of business/industry your are into. That is actually a none compete clause. It does not apply to employees.

In effect the NDA you are designing has no value.

Do you expect that an employee is going to sacrifice his career to work for you? Even new employees will refuse to join you and will instead go work for someone else.

Also you will lose your honest/faithful employee, who is working with you. They will think that company/management do not trust them any more which will also spread a wrong message & will create a wrong picture/image in the market.

Today's if there is very hard to find a good job then there is also difficult to find right candidate or good /person/employee who matches requirement of company. In this scenario or such type of policies / restriction there is chance of losing our honest/faithful employee .More over one should think of introducing such policy where employee should feel comfortable at work place .(for e.g . I have heard some where that there company does not allow to access/ or read there personal mail in the office .They have put some “FORTIGAURD" Which does not allow you to go to any add which are related to job or opportunity.) My personal view is that this type of policy encourages more loss of good employee. If some body want to go he will go any way you cannot stop one . but some body who really wish to work for long term want to make his career with same company even he will start thinking of going to some other opportunity.

Secondly The only reason a fresher is willing to work for you to gain experience so that he can do well in his career

Regards

BABUDADA.

21/12/12

From India, Mumbai
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