Hi, I resigned from my previous organization and had a clean exit. It's been more than a month, and I am yet to receive my experience/relieving letters as well as my full and final settlement. I have emailed them 3-4 times regarding this, but they are insisting that I sign the exit NDA before they release the letters.
Unfair Clauses in the NDA
The NDA contains several clauses that I find unfair:
1. Not working for a client for a year.
2. Any code/website developed during employment, whether during working or non-working hours, belongs to the company.
I don't have a problem signing the NDA, but it feels like they are blackmailing me by withholding the documents until I sign. It's a very large service-based IT company, and I did not expect this kind of treatment.
Kindly suggest what action can be taken here.
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Unfair Clauses in the NDA
The NDA contains several clauses that I find unfair:
1. Not working for a client for a year.
2. Any code/website developed during employment, whether during working or non-working hours, belongs to the company.
I don't have a problem signing the NDA, but it feels like they are blackmailing me by withholding the documents until I sign. It's a very large service-based IT company, and I did not expect this kind of treatment.
Kindly suggest what action can be taken here.
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Hi, leaving the legality part aside, if you don't have any malicious intentions, why not sign the NDA and collect all relieving documents from your employer?
Employers typically collect NDAs primarily to prevent the solicitation of company work to third parties and the disclosure of company information after an employee's exit. Your ex-employer should have collected the NDA from you at the time of joining, not after your exit. Holding experience/relieving letters on the grounds that the NDA was not signed is not a fair employment practice. While you have the right to refuse, your refusal to sign the NDA could lead to a dispute, and your employer may withhold the relieving and experience certificates, which you will need to join a new employer. Even if you choose to pursue legal action or appeal before a labor officer, your employer may try to protect themselves by providing various reasons and could give negative feedback during future background verification processes.
Therefore, if signing the NDA will not harm you in any way, it is better to sign it and resolve things amicably.
From India, Madras
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1015Employers typically collect NDAs primarily to prevent the solicitation of company work to third parties and the disclosure of company information after an employee's exit. Your ex-employer should have collected the NDA from you at the time of joining, not after your exit. Holding experience/relieving letters on the grounds that the NDA was not signed is not a fair employment practice. While you have the right to refuse, your refusal to sign the NDA could lead to a dispute, and your employer may withhold the relieving and experience certificates, which you will need to join a new employer. Even if you choose to pursue legal action or appeal before a labor officer, your employer may try to protect themselves by providing various reasons and could give negative feedback during future background verification processes.
Therefore, if signing the NDA will not harm you in any way, it is better to sign it and resolve things amicably.
From India, Madras
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Relieving & Experience Letter.doc
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