Dineshpadwale
Dear Professionals
If we make an amendment in our company policy and add clause that " Being a Sales and marketing company data security is very essential to us to prevent business loss due to customer data leakages to our competitors. Can We do it compulsory to sign NDA agreement to all employees working on company payroll and if any body denied to sign it company has right to Terminate his employment or hold his gratuity amount or full and final settlement if they denied to sign it."
can we include above line in our company policy is this stape make it mandatory to all employee even if some ones refuse to sign it. is it a legal step please advice

Thanks & Regards
Dinesh

From India, Nashik
Madhu.T.K
4240

Normally, any change in the conditions of service should be communicated to the employees as per section 9A of the Industrial Disputes Act. As the sales persons do come under the ID Act, it is good if you take it up legally. At the same time, if you do not wish to cover the processes a legal rob, then you can send a communication to all informing that no data, drawing, brochure etc should be shared to others and the employees should sign a Non Disclosure Agreement. If any employee is not signing it, take him separately and ask him why does not he want to sign it? Obviously, it can be presumed that an employee not signing NDA will disclose the information and such an employee should be sent out of the organisation. Though you should not do it forthwith, you can wait for an opportunity and then take a call then. But now, you should make him aware that by not signing the NDA, the impression the employer has collected is that the employee will disclose the information and that cannot be tolerated.
From India, Kannur
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