Legal Validity of Employee Declarations on Final Settlement and Confidentiality at Relieving Time?

Would there be a format for a declaration/acknowledgment by an employee at the time of relieving, which mentions that he/she has completed the full and final settlement and that he/she will not disclose confidential information to competitors, etc.? Also, is it legally valid?

Regards,
Sita

Before relieving an employee, you should ask the person to sign the "No Dues Left" document. This ensures it is clear that the company is not liable to pay any kind of remuneration later.

Regards,
Allisha

Exit Interview Importance

There should be an exit interview for the employee who has resigned and is going to leave the company after handing over all the documents and credentials, etc. In an exit interview, you can have the employee sign a document that mentions non-disclosure of credentials, client details, or any other confidential information about the company.

One needs to take a declaration from the resigned staff. Now, please let me know if there is a handholding process for the employees who are leaving?

Regards,
Nishi Sinha

Safe Relieving Process

Safe relieving is as important as the appointment. Always keep in mind that by relieving an employee, the organization is not going to tarnish its impression or reputation in front of the employee.

From a safety point of view, you can mention the following details:

- Name of the employee with complete address and contact details
- Department
- Designation
- Duration of association with your organization
- Reference to the resignation letter with the date
- Date of relieving

Additionally, you can provide another letter describing the nature of work, last drawn salary, conduct, and experience of the employee. Before issuing these letters, ensure to obtain a No Dues Certificate to confirm that the employee's account is clear from all departments of the organization.

As a precautionary measure, you can also obtain an acknowledgment from the employee on the Letter of Final Settlement, stating that they have received all their dues, and there are no further payments pending. It is advisable to make the final payment via cheque and mention the cheque number and date on the Letter of Final Settlement.

Thank you.

With regard to the acknowledgment of Full & Final Settlement, I believe it is a process managed by the organization. Obtaining acknowledgment and acceptance from the employee on the copy of the F & F statement itself creates an authentic document.

Confidential Information

In terms of Confidential Information, the employer should have the employee sign a Non-Disclosure Agreement. This agreement binds employees from sharing confidential information with any third parties without the employer's consent, both during the course of employment and post-resignation.

I hope this addresses your query.

Regards