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Hi Seniors,
I am a HR assistant manager in a firm and one of our employee released very confidential information of the company regarding its marketing strategy through watsup discussion with a ex-employee who has joined the competitor. is there any legal procedure to prosecute him as we have necessary proof to show it is he who done it including the screenshot of the said watsup discussion.
also please let me know is there any legal provision we can enact or implement in the company to prevent employees doing such thing further.
Thank you
13th March 2015 From India, Mumbai
Ramshad.Thekkil - Isn't there a confidentiality clause? If not, please put in one - something to the effect that 'sharing and disclosing information, without prior authorization.... will lead to termination as well as the right to claim suitable damages, compensation...... and seek suitable remedies including imprisonment under appropriate provisions of the Indian Penal Act.... and other suitable forums'.
As someone new, you ought to read all the applicable contracts, etc and ensure its updated and applicable.
Hope this helps.
13th March 2015 From India, Mumbai
Whereas I fully agree with opinion expressed by our friend, I will like to inform you to please go through the provisions of the contract of service/ terms and conditions of appointment of the concerned along with the conduct rules governing the said employee and locate provisions related to your problem and process the case accordingly. In case there is no such provision as referred to hithertofore You can apply the provisions pertaining to "Moral Turpitude" and as a next step to prevent such situation in future make punitive provisions in service/conduct rules.
13th March 2015 From India, Delhi
Resort to seeking prosecution and damages under IT(Amendment) Act, 2008 for stealing data and causing loss to you under section 43 and 66B of the Act. Thanks Sushil
13th March 2015 From India, New Delhi
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