Industrial Relations
Retired Government Servant/advocate
Labour Law Advocate
Parikshit Roy
Hr Manager

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Sir my friend joined a company. He was fresher and alone in this company. When he joined he thought there must be more employee. But he was alone so becouse he was in designed field
no body to correct his design what wrong or how to correct. After 5 days of joining he felt that there is nothing to learn there. So he resigned on 5th day. Becouse my friend was fresher
Very first day employer give him a agreement copy to sign. My friend sign it same time. In it written after leaving the company he can not do same type of work for two years in any place. And in agreement clearly written that employer can terminate him in a notice period of one week. Not written for employee notics period for employer. After few days employer is asking to sign a non disclosure agreement otherwise he is threatening that he will inform all type of same company that he has copied company data from pc and company shown confidential data to him. Company will inform the other companies not to hire him. Company is blackmailing him that we will file case against my friend ruin his career. Sir please suggest.

Agreement of this kind is not valid in India. No agreement can stop you from leaving the company and even joining a competitor company.
Since the employer is threatening the employee with charges of theft of data, it is mandatory to report the issue IMMEDIATELY to the police station stating clearly that the since you have tendered resignation your employer is wrongly threatening to put charges of data theft to hold you. Whoever (you or the employer) lodges a complaint before the police station first, will get an advantage if charges of theft is levelled.
Simply send a resignation letter through registered post (if you have not) and also tell your employer not to threat you with data theft illegally. If required, and I advice, you can get this letter drafted from an able lawyer.

sir, nowwhere is written in agreement that my friend need to sign a non disclosure agreement after resignation. however I have proof of his voice samples when he was blackmailing or threatening to him.
Sir, nowhere is written in agreement that my friend need to non disclosure agreement after resignation, sir I have voice recording when he was threatening.. kindly advice
Dear Rakesh
Kindly instruct your friend to submit the resignation letter through Registered Post with ack due and let him preserve the acknowledgement copy with him. Even he can inform the employer that the voice calls whatever he is doing and receiving is getting recorded with time and date, which can be produced to Police and even to the Court of Law. (whether he has or not is immaterial, just let him add this line. Obviously they will have fear in their mind to take any illegal action.
If they call him personally, then let him go and whenever he feels fishy, then he can tell that before coming here he informed his lawyer and as per the lawyer's instruction he came here and if the company permits he will call the lawyer for having the discussion with the Management/HR People. Further he can tell that his movements are being tracked by his lawyer as and when he received the call from the employer.

I still believe that company can bring criminal charges against you for data theft in order to harass you. So as abundant caution, lodge a complaint to the police station stating that company is threatening you that false case will be filed against you. You can also send a copy of the complaint to the company if you wish.
and sir employer is pressurising my friend that sign non disclosure agreement otherwise he will file the case, anywhere not written in agreement that my friend needs to sign it after resignation or before. kindly suggest
Sir employer is forcing my friend that my friend need to sign non disclosure agreement after resignation or before, otherwise he will file case, sir kindly advice
yesterday employer called up and forcing to sign non disclosure agreement, he told otherwise file the case. nowhere in employment agreement written my friend needs to sign it. kindly give advice.
The tone and tenor of the postings suggest that the person involved is not your friend, but yourself.

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