Hi All, We have employed a candidate who was a director in his previous company. He said that the company is not in working condition currently but he has not officially resigned as the director. So he has not submitted any reliving documents. As per my director's instruction, I have to get an undertaking signed by him stating he is not working/associated with his previous company and about confidentiality. I need a format of the same as I am unable to frame it. Can anyone help me with this?
Thanks in Advance
Afsha
From India
Thanks in Advance
Afsha
From India
Hi,
A person can be director in one company and employee in other company. There is no provision in Companies Act that prohibits the same.
You may take formal written undertaking regarding confidentiality and also stating that he will devote all productive time to your company on full time basis and will not take up any other assignment on part time basis.
From India, Madras
942A person can be director in one company and employee in other company. There is no provision in Companies Act that prohibits the same.
You may take formal written undertaking regarding confidentiality and also stating that he will devote all productive time to your company on full time basis and will not take up any other assignment on part time basis.
From India, Madras
Dear Afsha,
I have a different viewpoint altogether.
A candidate worked as a Director. Now the company is in a dormant state and we do not know, it may cease to exist also. Still, why the candidate wishes to stick to this company? Why does he not resign from the company formally and join your company? What is the logic of not dissociating?
Secondly, your company authorities have told you to take an undertaking from him. In that case, he should come to this forum and ask for a draft of it. Why do you wish to do his job? Why do you wish to spoonfeed the candidate?
Thanks,
Dinesh Divekar
From India, Bangalore
I have a different viewpoint altogether.
A candidate worked as a Director. Now the company is in a dormant state and we do not know, it may cease to exist also. Still, why the candidate wishes to stick to this company? Why does he not resign from the company formally and join your company? What is the logic of not dissociating?
Secondly, your company authorities have told you to take an undertaking from him. In that case, he should come to this forum and ask for a draft of it. Why do you wish to do his job? Why do you wish to spoonfeed the candidate?
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Afsha, You may mail me ,in case you are not in position to draft the required undertaking. I will try and help you out skumar.rathi@gmail.com Col.Suresh Rathi
From India, Delhi
From India, Delhi
Dear Afsha,
I am appending a draft generated through AI
You may amend it to suit your requirements. This includes NDA also
------
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date]
[Employer's Name] [Company/Organization Name] [Address] [City, State, ZIP Code]
Dear [Employer's Name],
Subject: Undertaking Not to Take on Dual Employment
I, [Candidate's Full Name], hereby provide this undertaking to confirm that I will not engage in dual employment while employed at [Company/Organization Name]. I understand the importance of dedicating my full attention, time, and efforts to my role at [Company/Organization Name] and ensuring that there are no conflicts of interest arising from my employment.
By signing this undertaking, I agree to the following:
1. I will not take on any other full-time, part-time, temporary, or contractual employment during my tenure at [Company/Organization Name]. This includes any freelance, consulting, or independent work that could potentially interfere with my duties and responsibilities at [Company/Organization Name].
2. I will not engage in any activity or work that could compete with the business interests of [Company/Organization Name] or present a conflict of interest with my role within the organization. If I am unsure about the potential conflict of interest, I will promptly inform the relevant authorities within the company for clarification.
3. I will prioritize the confidentiality and proprietary information of [Company/Organization Name]. I will not disclose or use any sensitive information for personal gain or the benefit of any other organization or individual during or after my employment with [Company/Organization Name].
4. In case I have any existing commitments or obligations, I will disclose them to the HR department or the relevant authorities within [Company/Organization Name] before accepting this offer of employment. If such commitments are deemed to create a conflict with my role at [Company/Organization Name], I will take necessary steps to resolve them before my employment start date.
5. I understand that any violation of this undertaking may lead to disciplinary action, including possible termination of my employment with [Company/Organization Name].
This undertaking shall remain in effect for the duration of my employment at [Company/Organization Name], unless otherwise agreed upon in writing by both parties.
I hereby acknowledge that I have read and understood the terms of this undertaking, and I willingly and voluntarily agree to abide by them.
Signature: _______________________________ Date: _______________________
Printed Name: ___________________________
Thank you for your understanding and consideration. I am excited to join [Company/Organization Name] and contribute my skills and dedication to the team.
Sincerely,
[Your Name]
From India, Delhi
I am appending a draft generated through AI
You may amend it to suit your requirements. This includes NDA also
------
[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date]
[Employer's Name] [Company/Organization Name] [Address] [City, State, ZIP Code]
Dear [Employer's Name],
Subject: Undertaking Not to Take on Dual Employment
I, [Candidate's Full Name], hereby provide this undertaking to confirm that I will not engage in dual employment while employed at [Company/Organization Name]. I understand the importance of dedicating my full attention, time, and efforts to my role at [Company/Organization Name] and ensuring that there are no conflicts of interest arising from my employment.
By signing this undertaking, I agree to the following:
1. I will not take on any other full-time, part-time, temporary, or contractual employment during my tenure at [Company/Organization Name]. This includes any freelance, consulting, or independent work that could potentially interfere with my duties and responsibilities at [Company/Organization Name].
2. I will not engage in any activity or work that could compete with the business interests of [Company/Organization Name] or present a conflict of interest with my role within the organization. If I am unsure about the potential conflict of interest, I will promptly inform the relevant authorities within the company for clarification.
3. I will prioritize the confidentiality and proprietary information of [Company/Organization Name]. I will not disclose or use any sensitive information for personal gain or the benefit of any other organization or individual during or after my employment with [Company/Organization Name].
4. In case I have any existing commitments or obligations, I will disclose them to the HR department or the relevant authorities within [Company/Organization Name] before accepting this offer of employment. If such commitments are deemed to create a conflict with my role at [Company/Organization Name], I will take necessary steps to resolve them before my employment start date.
5. I understand that any violation of this undertaking may lead to disciplinary action, including possible termination of my employment with [Company/Organization Name].
This undertaking shall remain in effect for the duration of my employment at [Company/Organization Name], unless otherwise agreed upon in writing by both parties.
I hereby acknowledge that I have read and understood the terms of this undertaking, and I willingly and voluntarily agree to abide by them.
Signature: _______________________________ Date: _______________________
Printed Name: ___________________________
Thank you for your understanding and consideration. I am excited to join [Company/Organization Name] and contribute my skills and dedication to the team.
Sincerely,
[Your Name]
From India, Delhi
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