Anonymous
EXPLAINATION:

1. On the last working day of my notice period, the employee verbally informed me to sign the NDA.

2. During my whole tenure, Neither I wasn't aware of the process of signing NDAs after the resignation nor it's written on my appointment letter. Therefore, I verbally told them to keep it point-to-point and I will sign it(as a matter of respect and goodwill gesture).

3. After 30 days, the company sent me an NDA and informed me to sign it. I refused to sign it because it was not even related to my work and It was a broad document stating that I can't write in anything my resume, blog, or discuss orally anything related to the company and its strategies. Basically, they wanted me to sign a broad document that encloses everything. The time frame of the NDA includes my 3.5 years of work tenure + 2 years extra from the date of signing. It was also stated that the company can increase the time frame as per the requirement.

4. Initially, I tried to suggest changes and they said they will accept the changes in another document. They said that I can't change the lines of the legal document. Therefore, I refused to sign any form of NDA.

5. Later on, we discussed everything on call. On the call, I explained to them the reasons for not signing that document. They informed me to sign the NDA and also warned me to face the consequences if I refuse. They also told me that they will write about the NDAs refusal in my background verification for a future employee.

6. Due to that NDA, my notice period's salary, one month's security amount, salary slips & experienced letter are kept on hold without any written update.

EXTRA DETAILS: During my first year, I signed a contract/agreement of not leaving the company for 1 year. During my second year, I again signed a contract/agreement of not leaving the company for 1 year. Apart from the contract, My one month's salary was taken by the company as a security amount in case I leave the company before 1 year. After the second year, the company didn't propose any contract. Therefore, I worked 1.5 years extra without any contract.


Please suggest, "How to proceed without creating any dispute".

From India, Chandigarh
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Hr Manager
Nanu1953
Ceo-usd Hr Solutions
Aussiejohn
Workplace Assessment And Training

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aussiejohn
606

You may need to seek legal advice on that if you are unable to negotiate a satisfactory outcome with your employer.
From Australia, Melbourne
nanu1953
278

First thing which reflects to my find after reading your post that the organization is not at all professional. Usually NDA is signed at the time of joining not at the time of leaving and at the same time you have worked for a period without any contract.

If you are not joining any competitor, to my opinion you may sign and resolve the matter without any conflict. As the organization is not professional, they will probably forget everything may be after 6 months.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
rkn61
561

Signing NDA, at the time of resignation is unheard of.

As the senior member, Mr Bandyopadhyay rightlyt pointed out, your employer is not at all
professional in their approach. Hence it is suggested that if your action of signing NDA can
solve the issue, you may do so, just to ensure a smooth exit from the company.

From India, Aizawl
Anonymous
On, I created a follow-up request to clear my dues and experience letters after taking lessons from the old posts on this forum.

-------------------------------------------------------------------------------------

REPLY FROM THE HR:

Dear _______________,

Please be informed that we have already started the process for your Full & Final on 15 Sep 2022, as we have shared the No Dues document via mail on 15th.

But the NDA document was pending from your end. As you requested to make changes to the document, which is already accommodated.

Once the updated NDA document is ready, we will share it with you for further processing of your Full & Final settlement.

Regards


HR
COMPANY NAME

-------------------------------------------------------------------------------------

CURRENT SITUATION:

Dear Senior Members,

Yes, I am not joining any competitors and I also tried to assure them verbally (on call) but they pressurized me to sign the NDA. I have also attached a copy of that old NDA. I request you provide your valuable suggestions after analyzing the NDA.

Yes, I also want to resolve the matter without any conflict. Yes, I also believe that same the organization is not professional, I hope they will probably forget everything maybe after 6 months.

As per the recent mail, I am waiting for an updated version of that NDA. I will also share the same in my next reply to this post.

Thank you so much for replying.

I feel grateful.

From India, Chandigarh

Attached Files (Download Requires Membership)
File Type: docx Non Disclosure Agreement - Company.docx (13.0 KB, 12 views)

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