Here below mention some of the key wordings in the separation agreement
In my appointment it is two months notice and there is nothing called separation agreement metioned
the obligations of the parties post acceptance of the resignation was discussed between the parties particularly with reference to the obligation of the employee with regard to non-solicitation, non-compete, confidentiality and any statement against the company. All the issues were sorted out and agreed to the mutual satisfaction.
The Employee in consideration of the acceptance of the resignation and settlement of his terminal dues hereby agrees and undertakes obligations relating to Non-disclosure, Non-solicitation and non-compete and obligations against making any adverse comments against the Company as set out below:-
3.1 The Employee accepts that during tenure of his employment, he had access to the confidential information (whether written or oral) which may relates to the Company and/or its affiliates or their clients and business partners with regard to the and including, but not limited to, past, present or future plans, forms, methods, technology, inventions, computer software programs, copyrights, research and development activities, employee information, organizational structure, customer, financial and business information, trade secrets or other confidential or proprietary information (‘Confidential Information’) and promises to hold Confidential Information in strict confidence and he further promise that he will not directly or indirectly use, reveal, report, publish or disclose such Confidential Information to any person, firm or company and he shall not use such information for causing any prejudice to the rights and business of the Company and/or its affiliates or their clients and business partners.
3.2. In order to protect the Company's and/or its affiliate’s rights in and to the Confidential Information and to ensure that no unfair advantage is taken of Employee’s knowledge of and access to the Confidential Information of the Company, the Employee agrees that for a period of 6 Months after his relieving from the services of the Company, the employee shall not:
Directly or indirectly solicit or encourage any employee of the Company and/or its affiliates or any consultant to leave the employment of the Company and join any other company, firm or undertaking and take up employment/engagement elsewhere.
(b) Commit any act or omission which may cause prejudice to the Company and/or its affiliates or their business and shall not, directly or indirectly, as owner, officer, director, stockholder, partner, associate, consultant, manager, advisor, representative, employee, agent, creditor or otherwise, attempt to solicit or in any other way disturb or service any person, firm or corporation which is (a) in a business relationship with the Company or its affiliates or (b) is a competitor of Company or its affiliates and shall do nothing which may tarnish the image of the Company in the eyes of the public. Further, the employee agrees not to make any adverse statement against the Company or its business or its employees in public either through Media, Print or Electronics or otherwise.
6. The employee acknowledges that each of the prohibitions and restrictions contained in the provisions as above:
(i) must be read and construed and will have effect as a separate, severable and independent prohibition or restriction and will be enforceable accordingly; and
(ii) Is reasonable as to period, territorial limitation and subject matter; and It is the intention of the parties that all combinations of such prohibitions and restrictions will apply and be enforceable.
8. Company shall be entitled to injunctive and other equitable relief permitted by law, in the event of a breach or threatened breach of this Agreement by Employee. Employee shall not plead as a defence that there would be an adequate remedy at law. Any such relief shall be in addition to, and not in lieu of, money damages or any other legal or equitable remedy available to the Company.
9. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.
10. This Agreement may be executed in counterparts, each of which when executed and delivered shall be an original, but all of which shall constitute one and the same instrument.
WITNESS WHEREOF the parties have appended their signature on the day, month and year mentioned above in token of having accepted the above terms and conditions.