Hi, I resigned from my previous organization and had a clean exit.Its been more than 1 month and I am yet to get expn/reliving letters as well as F&F.
I had mailed them 3-4 times for it but they are saying to sign the exit NDA before they will release the letters.
The NDA has many clauses, which I find unfair.
1. not working for a client for a year.
2. any code/website developed during employment either working/non-working hours belong to company.
I don't have problem signing the NDA but they are kind of blackmailing me that when i sign NDA then only they will share documents.
Its a very big service based IT company and did not expected this kind of treatment.
Kindly suggest what action can be taken here.
I had mailed them 3-4 times for it but they are saying to sign the exit NDA before they will release the letters.
The NDA has many clauses, which I find unfair.
1. not working for a client for a year.
2. any code/website developed during employment either working/non-working hours belong to company.
I don't have problem signing the NDA but they are kind of blackmailing me that when i sign NDA then only they will share documents.
Its a very big service based IT company and did not expected this kind of treatment.
Kindly suggest what action can be taken here.
Hi,
Leaving the legality part aside if you don't have any malicious intention why not you can sign the NDA and collect all relieving documents from Employer ?
Employers collect NDA primarily for non solicitation of company work to third party and non disclosure of company information after exit. Your ex-employer was supposed to collect the NDA from you at the time of joining and not after exit. Also holding experience / relieving letters on grounds NDA not signed is not a fair employment practice. Though you have all the right to refuse, your refusal to sign NDA will ends in dispute and your employer will hold the relieving and experience certificate without which you will not be able to join new employer. Even if you proceed with legal option or appeal before Labour Officer your employer will tend to safeguard their side by sharing some or other reasons and might provide negative feedback in case of future BGV process.
So if signing of NDA is not going to harm you in any way, better you sign it and resolve things amicably.
From India, Madras
942Leaving the legality part aside if you don't have any malicious intention why not you can sign the NDA and collect all relieving documents from Employer ?
Employers collect NDA primarily for non solicitation of company work to third party and non disclosure of company information after exit. Your ex-employer was supposed to collect the NDA from you at the time of joining and not after exit. Also holding experience / relieving letters on grounds NDA not signed is not a fair employment practice. Though you have all the right to refuse, your refusal to sign NDA will ends in dispute and your employer will hold the relieving and experience certificate without which you will not be able to join new employer. Even if you proceed with legal option or appeal before Labour Officer your employer will tend to safeguard their side by sharing some or other reasons and might provide negative feedback in case of future BGV process.
So if signing of NDA is not going to harm you in any way, better you sign it and resolve things amicably.
From India, Madras
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