Dears, I am looking for a salary non disclosure Agreement between the employer and his employees. i will appreciate it if you can provide me with a format or template if you have. Many Thanks, Amira.
From Egypt, Cairo
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From Egypt, Cairo
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Dear Amira,
There will be a clause available in the offer of employment issued to the employee after disclosing the pay package, compensation, and benefits details. It should not be disclosed to any other personnel, and confidentiality should be maintained about the pay package and benefits given to the employees.
Please check whether you included a clause in your company's offer of employment letter or not. If not, please add it for further new appointments. For existing employees, you can issue an addendum to the issued offer of employment letter.
It can be issued additionally as we have already mentioned in the offer letter that any of the contents may be modified, deleted, or added without giving any notice to the employees.
Hope I have cleared your doubt. Let us expect some more replies on this issue.
From India, Kumbakonam
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1189There will be a clause available in the offer of employment issued to the employee after disclosing the pay package, compensation, and benefits details. It should not be disclosed to any other personnel, and confidentiality should be maintained about the pay package and benefits given to the employees.
Please check whether you included a clause in your company's offer of employment letter or not. If not, please add it for further new appointments. For existing employees, you can issue an addendum to the issued offer of employment letter.
It can be issued additionally as we have already mentioned in the offer letter that any of the contents may be modified, deleted, or added without giving any notice to the employees.
Hope I have cleared your doubt. Let us expect some more replies on this issue.
From India, Kumbakonam
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Thank you for your reply. I understand that the information regarding confidentiality and the consequences of certain actions may typically be included in the employment offer letter or the employee's contract. However, I currently do not have access to this information and would appreciate receiving the details directly.
Regards,
Amira
From Egypt, Cairo
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Regards,
Amira
From Egypt, Cairo
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Dear Amira,
You forgot to mention the state you are based in and your role in the organization?
You can specify in the appointment/joining/offer letter that "You understand and affirm the need to treat your compensation as highly individual and confidential, which is to be discussed only with your HOD and/or HR/People Manager."
Apart from this, I am not sure you can hold the employee against any legal law.
This is an employee's moral and ethical responsibility to keep his remuneration offered confidential.
Whatever you may say to the employee, after some time of joining, he will discuss his salary with his colleagues just to compare. It is the job of the respective HR Professional to make an employee understand and convince as to why he has been given a particular package.
This process should be based on transparency rather than concealment.
There could be many differences among 2 individuals starting from Educational/Professional Qualifications, respective ranking of the institutes from where they have completed their education, level and tenure of experience to technical know-how.
Apart from this, their performance, skills, and capabilities, both technical and behavioral, displayed during the interview, a single most important point where an employee is judged before receiving an offer.
Regards,
Sourabh
From India, Delhi
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You forgot to mention the state you are based in and your role in the organization?
You can specify in the appointment/joining/offer letter that "You understand and affirm the need to treat your compensation as highly individual and confidential, which is to be discussed only with your HOD and/or HR/People Manager."
Apart from this, I am not sure you can hold the employee against any legal law.
This is an employee's moral and ethical responsibility to keep his remuneration offered confidential.
Whatever you may say to the employee, after some time of joining, he will discuss his salary with his colleagues just to compare. It is the job of the respective HR Professional to make an employee understand and convince as to why he has been given a particular package.
This process should be based on transparency rather than concealment.
There could be many differences among 2 individuals starting from Educational/Professional Qualifications, respective ranking of the institutes from where they have completed their education, level and tenure of experience to technical know-how.
Apart from this, their performance, skills, and capabilities, both technical and behavioral, displayed during the interview, a single most important point where an employee is judged before receiving an offer.
Regards,
Sourabh
From India, Delhi
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Can I know the real reason for the non-disclosure agreement of salary? In our organization and in all government organizations, salary details are typically kept open to all. Salaries are based on parameters such as seniority, profession, qualifications, experience, etc. Therefore, even the Pune office knows the salary of the director.
I believe that if one can convincingly explain the differences in cost to company (CTC) between two staff members of the same age, graduating batch, degree year, same qualifications, etc., then there would be no need for a non-disclosure agreement. However, if a company engages in partiality or gives salaries to individuals favored by HR or the Tech Manager, then the need for an NDA arises.
I observed this situation in my previous company where my salary was lower than that of a colleague. When I inquired with HR about the discrepancy and mentioned my intention to resign, HR assured me they would increase my salary. I declined the offer, expressing that I didn't want a raise but rather to be paid on par with the other person from the beginning of my employment. This incident made me realize that I was being treated unfairly by HR, and I believe I made the right decision.
From India, Madras
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I believe that if one can convincingly explain the differences in cost to company (CTC) between two staff members of the same age, graduating batch, degree year, same qualifications, etc., then there would be no need for a non-disclosure agreement. However, if a company engages in partiality or gives salaries to individuals favored by HR or the Tech Manager, then the need for an NDA arises.
I observed this situation in my previous company where my salary was lower than that of a colleague. When I inquired with HR about the discrepancy and mentioned my intention to resign, HR assured me they would increase my salary. I declined the offer, expressing that I didn't want a raise but rather to be paid on par with the other person from the beginning of my employment. This incident made me realize that I was being treated unfairly by HR, and I believe I made the right decision.
From India, Madras
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Dear all,
Thank you for your advice. I am currently in acquisition negotiations, and due to the present circumstances, I am unable to make significant changes to employee salaries at this time. However, I am concerned about the lack of confidentiality in handling this matter. To prevent potential issues during the transaction, I aim to address this behavior proactively.
Sourabh, thank you for your response. I will incorporate your suggestions into a formal letter and monitor the situation closely.
For those who inquired about my occupation, I serve as the HR Manager in the financial services industry.
Many thanks,
Amira
From Egypt, Cairo
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Thank you for your advice. I am currently in acquisition negotiations, and due to the present circumstances, I am unable to make significant changes to employee salaries at this time. However, I am concerned about the lack of confidentiality in handling this matter. To prevent potential issues during the transaction, I aim to address this behavior proactively.
Sourabh, thank you for your response. I will incorporate your suggestions into a formal letter and monitor the situation closely.
For those who inquired about my occupation, I serve as the HR Manager in the financial services industry.
Many thanks,
Amira
From Egypt, Cairo
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Dear Amira,
The following paragraphs may help you....
NON-DISCLOSURE AGREEMENT
THIS AGREEMENT is made on this day of 2001 BETWEEN XXX SDN BHD, a company incorporated in Malaysia and having its place of business at xxx (hereinafter referred to as "Employer") of the one part AND xx bin zz, IC No xxxxx, of No xxxxx (hereinafter referred to as "Employee") (and collectively referred to as "the Parties").
WHEREAS:
By a letter of appointment dated dd/mm/yy (hereinafter referred to as "Letter of Appointment"), Employer has offered employment to Employee to fill the position as _____________ with effect from dd/mm/yy and Employee has accepted the offer of employment as ______________ upon the terms and conditions therein.
Pursuant to the acceptance of employment as ____________ by Employee or any other subsequent positions as may be decided upon by Employer, Employee has agreed to enter into an agreement with Employer on the non-disclosure of information, specifications, drawings, data, documentations, pricings, trade other technical or business information, including but not limited to financial conditions, marketing strategies, know-how, suppliers, customers, operations, and patent applications which Employer considers as "Confidential" (hereinafter referred to as "Confidential Information"), whether in written or oral form.
NOW IT IS HEREBY agreed between the Parties as follows:-
1.0 OBLIGATIONS OF EMPLOYEE
1.1 Employee agrees and undertakes to hold the Confidential Information absolutely secret and in the strictest confidence and not to at any time disclose or use or permit to be disclosed or used any of the Confidential Information for any purpose other than upon the instruction and direction of Employer.
1.2 Employee shall use his best efforts to limit dissemination of Confidential Information to other employees, officers, and agents of Employer on a need-to-know basis or as directed by Employer, and not to disclose to any other person(s) or organization(s) that has not signed a non-disclosure agreement with Employer specifically directed to Confidential Information (if Confidential Information is disclosed to those who have signed such non-disclosure agreement with Employer, Employee shall inform Employer prior to such disclosure and shall inform such person(s) or organization(s) that the Confidential Information is confidential to Employer and that such Confidential Information is subject to the restrictions and obligations of such non-disclosure agreement between such person(s) or organization(s) and Employer).
1.3 Employee undertakes to inform and advise those to whom information is disclosed of Employee's obligations with respect to the Confidential Information and enforce compliance therewith.
1.4 Employee shall not reverse engineer, decompile, disassemble, or decode any software or any portion thereof or derive any source code or algorithms therefrom or reproduce or copy any of the Confidential Information except as required for the purposes authorized by this Agreement, and that upon request, all such Confidential Information in tangible form will be returned to Employer and all such information shall be erased from Employee's computer systems, and written confirmation thereof provided to Employer.
1.5 Employee shall further undertake forthwith, upon request by Employer from time to time, to return all documents and other materials containing such Confidential Information or as directed by Employer, to destroy such documents and materials (and certify destruction thereof) containing Confidential Information.
2.0 LICENSE OR AUTHORITY
No license, rights, or authority, whether express or implied, in the Confidential Information is granted by Employer to Employee to use the Confidential Information other than in the manner and to the extent authorized by this Agreement.
3.0 TERMINATION OF OBLIGATION OF CONFIDENTIALITY
Employee shall not be liable for the disclosure of any Confidential Information which:
(a) was already in the public domain or which becomes so through no fault of the Employee;
(b) was rightfully received from a third party without any obligation of confidentiality;
(c) is explicitly approved for release by written authorization of Employer; and
(d) is generally made available to a third party by Employer without restriction on Employee.
4.0 TITLE
Title to or the right to possess the Confidential Information as between the Parties shall remain with the Employer.
5.0 NO REPRESENTATION
Employer makes no representation with respect to the Confidential Information and does not warrant any information furnished herewith, but shall furnish such in good faith to the best of its knowledge and ability. Without restricting the generality of the foregoing, Employer makes no representations or warranties, whether written or oral, statutory, express, or implied with respect to the Confidential Information or any technical assistance which may be provided hereunder.
6.0 GENERAL
6.1 In the event of a breach or a threatened breach or intended breach of this Agreement by Employee, Employer, in addition to any other rights and remedies available to it at law or in equity (except as otherwise limited by this Agreement), shall be entitled to injunctive relief, both preliminary and final, enjoining such breach or threatened or intended breach. Employer may terminate the employment of Employee without notice, indemnities, and compensation if Employer considers a breach of the term(s) and conditions herein by the Employee and warrants a dismissal.
6.2 The failure of Employer to enforce any right resulting from a breach of any provision of this Agreement shall not be deemed a waiver of any right relating to a subsequent breach of such provision or any other right hereunder.
6.3 Employee agrees to indemnify Employer against any loss, damage, cost, or expense which it may suffer or incur by reason of any breach by Employee of the undertakings and obligations contained herein.
6.4 This Agreement is neither intended to nor shall it be construed as creating a joint venture, partnership or other form of business association between the Parties, nor an obligation to buy or sell products using or incorporating the Confidential Information, nor as creating an implied or express license grant from either party to the other.
6.5 The obligation to protect the Confidential Information received by Employee prior to any termination, cancellation, or expiration shall survive and continue for a period of ten (10) years after the termination, cancellation, or expiration of this Agreement. This Agreement shall expire on the same date the Employee resigns as a Manufacturing Technician (or any other position the Employee is holding at the point of resignation) or the termination of his service by Employer.
6.6 Employee hereby undertakes not to engage in or be employed in any position with any organization which is deemed to be a competitor engaged in the development, research design, manufacture, or otherwise of lithium polymer or plastics lithium-ion batteries for a period of three (3) years from the date of cessation of employment.
6.7 This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia, and each party hereby submits to the jurisdiction of the Courts of Malaysia.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed on the day and year first above written.
Disclosing Party: Receiving Party
By: __________________________ By: __________________________
From Nepal
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The following paragraphs may help you....
NON-DISCLOSURE AGREEMENT
THIS AGREEMENT is made on this day of 2001 BETWEEN XXX SDN BHD, a company incorporated in Malaysia and having its place of business at xxx (hereinafter referred to as "Employer") of the one part AND xx bin zz, IC No xxxxx, of No xxxxx (hereinafter referred to as "Employee") (and collectively referred to as "the Parties").
WHEREAS:
By a letter of appointment dated dd/mm/yy (hereinafter referred to as "Letter of Appointment"), Employer has offered employment to Employee to fill the position as _____________ with effect from dd/mm/yy and Employee has accepted the offer of employment as ______________ upon the terms and conditions therein.
Pursuant to the acceptance of employment as ____________ by Employee or any other subsequent positions as may be decided upon by Employer, Employee has agreed to enter into an agreement with Employer on the non-disclosure of information, specifications, drawings, data, documentations, pricings, trade other technical or business information, including but not limited to financial conditions, marketing strategies, know-how, suppliers, customers, operations, and patent applications which Employer considers as "Confidential" (hereinafter referred to as "Confidential Information"), whether in written or oral form.
NOW IT IS HEREBY agreed between the Parties as follows:-
1.0 OBLIGATIONS OF EMPLOYEE
1.1 Employee agrees and undertakes to hold the Confidential Information absolutely secret and in the strictest confidence and not to at any time disclose or use or permit to be disclosed or used any of the Confidential Information for any purpose other than upon the instruction and direction of Employer.
1.2 Employee shall use his best efforts to limit dissemination of Confidential Information to other employees, officers, and agents of Employer on a need-to-know basis or as directed by Employer, and not to disclose to any other person(s) or organization(s) that has not signed a non-disclosure agreement with Employer specifically directed to Confidential Information (if Confidential Information is disclosed to those who have signed such non-disclosure agreement with Employer, Employee shall inform Employer prior to such disclosure and shall inform such person(s) or organization(s) that the Confidential Information is confidential to Employer and that such Confidential Information is subject to the restrictions and obligations of such non-disclosure agreement between such person(s) or organization(s) and Employer).
1.3 Employee undertakes to inform and advise those to whom information is disclosed of Employee's obligations with respect to the Confidential Information and enforce compliance therewith.
1.4 Employee shall not reverse engineer, decompile, disassemble, or decode any software or any portion thereof or derive any source code or algorithms therefrom or reproduce or copy any of the Confidential Information except as required for the purposes authorized by this Agreement, and that upon request, all such Confidential Information in tangible form will be returned to Employer and all such information shall be erased from Employee's computer systems, and written confirmation thereof provided to Employer.
1.5 Employee shall further undertake forthwith, upon request by Employer from time to time, to return all documents and other materials containing such Confidential Information or as directed by Employer, to destroy such documents and materials (and certify destruction thereof) containing Confidential Information.
2.0 LICENSE OR AUTHORITY
No license, rights, or authority, whether express or implied, in the Confidential Information is granted by Employer to Employee to use the Confidential Information other than in the manner and to the extent authorized by this Agreement.
3.0 TERMINATION OF OBLIGATION OF CONFIDENTIALITY
Employee shall not be liable for the disclosure of any Confidential Information which:
(a) was already in the public domain or which becomes so through no fault of the Employee;
(b) was rightfully received from a third party without any obligation of confidentiality;
(c) is explicitly approved for release by written authorization of Employer; and
(d) is generally made available to a third party by Employer without restriction on Employee.
4.0 TITLE
Title to or the right to possess the Confidential Information as between the Parties shall remain with the Employer.
5.0 NO REPRESENTATION
Employer makes no representation with respect to the Confidential Information and does not warrant any information furnished herewith, but shall furnish such in good faith to the best of its knowledge and ability. Without restricting the generality of the foregoing, Employer makes no representations or warranties, whether written or oral, statutory, express, or implied with respect to the Confidential Information or any technical assistance which may be provided hereunder.
6.0 GENERAL
6.1 In the event of a breach or a threatened breach or intended breach of this Agreement by Employee, Employer, in addition to any other rights and remedies available to it at law or in equity (except as otherwise limited by this Agreement), shall be entitled to injunctive relief, both preliminary and final, enjoining such breach or threatened or intended breach. Employer may terminate the employment of Employee without notice, indemnities, and compensation if Employer considers a breach of the term(s) and conditions herein by the Employee and warrants a dismissal.
6.2 The failure of Employer to enforce any right resulting from a breach of any provision of this Agreement shall not be deemed a waiver of any right relating to a subsequent breach of such provision or any other right hereunder.
6.3 Employee agrees to indemnify Employer against any loss, damage, cost, or expense which it may suffer or incur by reason of any breach by Employee of the undertakings and obligations contained herein.
6.4 This Agreement is neither intended to nor shall it be construed as creating a joint venture, partnership or other form of business association between the Parties, nor an obligation to buy or sell products using or incorporating the Confidential Information, nor as creating an implied or express license grant from either party to the other.
6.5 The obligation to protect the Confidential Information received by Employee prior to any termination, cancellation, or expiration shall survive and continue for a period of ten (10) years after the termination, cancellation, or expiration of this Agreement. This Agreement shall expire on the same date the Employee resigns as a Manufacturing Technician (or any other position the Employee is holding at the point of resignation) or the termination of his service by Employer.
6.6 Employee hereby undertakes not to engage in or be employed in any position with any organization which is deemed to be a competitor engaged in the development, research design, manufacture, or otherwise of lithium polymer or plastics lithium-ion batteries for a period of three (3) years from the date of cessation of employment.
6.7 This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia, and each party hereby submits to the jurisdiction of the Courts of Malaysia.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed on the day and year first above written.
Disclosing Party: Receiving Party
By: __________________________ By: __________________________
From Nepal
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I do not think you can blame your previous employer for paying you a salary lower than your peers who already work there or were recruited after you. No modern compensation system works that way. I'm sure you signed an offer letter when you joined, and your remuneration details must have been clearly mentioned in it. You had every right to decline the offer at that time if you valued yourself more than what was offered. I'm sure you were not asked to sign your offer at gunpoint. Simply put, that's what the price was on your price tag at that point in time. You made a good move when you got a better offer, but do not blame others for your inferior bargaining capacity at that particular point in time. Everything in the market works based on the "demand vs. supply theory."
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I do not quite agree with vcalathif and am giving my views.
When one joins a new organization, they are generally not aware of the salary policy, salary standards, and salaries of their colleagues. These things are always behind an iron curtain under the guise of confidentiality.
In this case, the employer did not offer any justification or reason for offering a lower salary. Instead, they readily agreed to revise the salary once the paperwork was put in, which goes to show that somewhere the employer had gone wrong.
Obviously, the offer was not signed at gunpoint, but why didn't the employer have any reason or justification for the salary offered, and why did they agree to revise it?
"I do not think you can blame your previous employer for paying you a salary lower than your peers who already work there or were recruited after you. No modern compensation system works that way. I'm sure you had signed an offer letter when you joined, and your remuneration details must have been clearly mentioned in it. You had every right to decline the offer at that time if you valued yourself more than what they offered. I'm sure you were not asked to sign your offer at gunpoint. Simply put, that's the price on your price tag at that point in time. You made a good move when you got a better offer, but do not blame others for your inferior bargaining capacity at a particular point in time. Everything in the market works based on the "demand vs. supply theory."
From India, Pune
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When one joins a new organization, they are generally not aware of the salary policy, salary standards, and salaries of their colleagues. These things are always behind an iron curtain under the guise of confidentiality.
In this case, the employer did not offer any justification or reason for offering a lower salary. Instead, they readily agreed to revise the salary once the paperwork was put in, which goes to show that somewhere the employer had gone wrong.
Obviously, the offer was not signed at gunpoint, but why didn't the employer have any reason or justification for the salary offered, and why did they agree to revise it?
"I do not think you can blame your previous employer for paying you a salary lower than your peers who already work there or were recruited after you. No modern compensation system works that way. I'm sure you had signed an offer letter when you joined, and your remuneration details must have been clearly mentioned in it. You had every right to decline the offer at that time if you valued yourself more than what they offered. I'm sure you were not asked to sign your offer at gunpoint. Simply put, that's the price on your price tag at that point in time. You made a good move when you got a better offer, but do not blame others for your inferior bargaining capacity at a particular point in time. Everything in the market works based on the "demand vs. supply theory."
From India, Pune
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Dear Amira,
I'm glad to be of help, but please also consider the other points I mentioned in the post.
Dear PLDhakal,
What you posted appears to be a standard Non-Disclosure Agreement, and it seems to be legally binding in Malaysia. I am interested in knowing if there is a legally binding agreement for Salary Non-Disclosure that is applicable in India.
Dear vkokamthankar and mkjobhunt,
As I mentioned in my previous post, there are various criteria within an organization that are evaluated before extending a job offer. This process should prioritize transparency over concealment. Differences between individuals may include educational/professional qualifications, the ranking of the institutes from which they graduated, level and duration of experience, and technical expertise. Additionally, their performance, skills, technical capabilities, and behavioral attributes displayed during the interview are crucial factors in assessing a candidate before making an offer.
I hope you agree with the points I have raised.
Regards,
Sourabh
From India, Delhi
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I'm glad to be of help, but please also consider the other points I mentioned in the post.
Dear PLDhakal,
What you posted appears to be a standard Non-Disclosure Agreement, and it seems to be legally binding in Malaysia. I am interested in knowing if there is a legally binding agreement for Salary Non-Disclosure that is applicable in India.
Dear vkokamthankar and mkjobhunt,
As I mentioned in my previous post, there are various criteria within an organization that are evaluated before extending a job offer. This process should prioritize transparency over concealment. Differences between individuals may include educational/professional qualifications, the ranking of the institutes from which they graduated, level and duration of experience, and technical expertise. Additionally, their performance, skills, technical capabilities, and behavioral attributes displayed during the interview are crucial factors in assessing a candidate before making an offer.
I hope you agree with the points I have raised.
Regards,
Sourabh
From India, Delhi
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Salary & Compensation Guidelines.zip
CONFIDENTIALITY AGREEMENT.doc