Hi!
I have resigned from an IT company after working more than seven and half years and serving required notice period of 60 days. Now, after more than a month of cessation of my association, company HR asks me to sign a "Invention Assignment / Non Disclosure Agreement (NDA). My appointment later did not contain a condition for signing of agreements and such change in policy was never intimated to me or other employees during my tenure as employee. Company has neither given me relieving letter nor paid my dues viz., salry for one and half month, annual components like medical benefits, performance incentive, LTA and also gratuity. Further most of my contemporaries have not signed such agreement. The agreement contains strong clauses like: One cannot take up employment with a customer, business partner, competitor and potential competitor for a period of one year; agree to compensate damages in cash, etc.
Please advise on:
a) legality of company asking me to sign such a bond now after leaving the job
b) validity of clauses in NDA
c) ways to secure relieving letter and payment of dues.
Thanks.
From India, Mumbai
I have resigned from an IT company after working more than seven and half years and serving required notice period of 60 days. Now, after more than a month of cessation of my association, company HR asks me to sign a "Invention Assignment / Non Disclosure Agreement (NDA). My appointment later did not contain a condition for signing of agreements and such change in policy was never intimated to me or other employees during my tenure as employee. Company has neither given me relieving letter nor paid my dues viz., salry for one and half month, annual components like medical benefits, performance incentive, LTA and also gratuity. Further most of my contemporaries have not signed such agreement. The agreement contains strong clauses like: One cannot take up employment with a customer, business partner, competitor and potential competitor for a period of one year; agree to compensate damages in cash, etc.
Please advise on:
a) legality of company asking me to sign such a bond now after leaving the job
b) validity of clauses in NDA
c) ways to secure relieving letter and payment of dues.
Thanks.
From India, Mumbai
Hi,
No company can ask for a NDA agreement once you have left the job. The simple logic is you are not an employee of that company and as such you will not sign any clauses. This is a clear care of black mailing and you contact any lawyer and just issue a notice to your company and I am sure lawyer can guide in a very good way for this.
If you have the proff and if you can prove that you have serverd your notice period then no company and HR can deny you a relieving letter or even final settlement of funds.
Regards,
DJ
From India, Bangalore
1No company can ask for a NDA agreement once you have left the job. The simple logic is you are not an employee of that company and as such you will not sign any clauses. This is a clear care of black mailing and you contact any lawyer and just issue a notice to your company and I am sure lawyer can guide in a very good way for this.
If you have the proff and if you can prove that you have serverd your notice period then no company and HR can deny you a relieving letter or even final settlement of funds.
Regards,
DJ
From India, Bangalore
my friend has left from one company and he has signed an agreement for two years and it is in a contrct role and there is no pf and there is no esi and what they have not follow what they given in the agreement like incentive and salary hike. now they are threting him by telling they will take action .
From India, Madras
From India, Madras
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Resignation cum relieving letter.doc
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