Dear Professionals
in our company we implilmenting a process to get sign NDA agreement , we making it mandatory to all New & old employee , But we have some old seniors Employees who refused to sign it, and when we told them to sign they threaten us to resign. Our company is working in Sales and Marketing field in real estate hence our data base in marketing materials are very important for us.
If we sent them NDA agreement in the form of Mail, and make it mandatory to adhere it even after their separation, is it ethical as per Law, Please advice.
Thanks & regards
Dinesh
From India, Nashik
in our company we implilmenting a process to get sign NDA agreement , we making it mandatory to all New & old employee , But we have some old seniors Employees who refused to sign it, and when we told them to sign they threaten us to resign. Our company is working in Sales and Marketing field in real estate hence our data base in marketing materials are very important for us.
If we sent them NDA agreement in the form of Mail, and make it mandatory to adhere it even after their separation, is it ethical as per Law, Please advice.
Thanks & regards
Dinesh
From India, Nashik
Hi
First of all the validity of NDA itself is a question if it is forcibly obtained.
NDA for new employees is making some sense. Whether to sign or not is their call and if they don't sign they will not be able join your Organization.
But for existing employees who already joined you on mutually agreed terms and conditions, you cannot force them to sign which is illegal. On mutual discussion if they agree to sign that will be ok.
Revising the terms and conditions of employment after joining requires the consent of employees.
Sending NDA through email WILL NOT bind them and it will be an act of unilateral decision of the employer
From India, Madras
951First of all the validity of NDA itself is a question if it is forcibly obtained.
NDA for new employees is making some sense. Whether to sign or not is their call and if they don't sign they will not be able join your Organization.
But for existing employees who already joined you on mutually agreed terms and conditions, you cannot force them to sign which is illegal. On mutual discussion if they agree to sign that will be ok.
Revising the terms and conditions of employment after joining requires the consent of employees.
Sending NDA through email WILL NOT bind them and it will be an act of unilateral decision of the employer
From India, Madras
Dear Friend,
The management wants that employees should sign NDA agreement, if want to work in.
Two prospective are emerging maximum employees signed but few refused to sign and threat to quit job as well. I don't know what prompted management to adopt NDA. Are there any breach of NDA in recent past or a whimsical idea of a layman?
In my views, if there any NDA related issues exist then all the employees should sign. If some people denying,ask the reasons of such denial. Because people deny for certain clauses without clarity and lopsided on management front or sometimes absurd points found. Ask the employee to resign and go, if their denial has no worth or having any substances.
From India, Mumbai
The management wants that employees should sign NDA agreement, if want to work in.
Two prospective are emerging maximum employees signed but few refused to sign and threat to quit job as well. I don't know what prompted management to adopt NDA. Are there any breach of NDA in recent past or a whimsical idea of a layman?
In my views, if there any NDA related issues exist then all the employees should sign. If some people denying,ask the reasons of such denial. Because people deny for certain clauses without clarity and lopsided on management front or sometimes absurd points found. Ask the employee to resign and go, if their denial has no worth or having any substances.
From India, Mumbai
You need not be deterred by the threat of resignation. As such the industry sector is facing a recession and job hunting is not easy. When there is a policy for having NDA agreement, a few employees cannot threaten and blackmail the organisation. These fellows should be confronted and made to fall in line.
From India, Mumbai
From India, Mumbai
Thank you professionals for your valuable advice and guidance. Thanks & Regards Dinesh
From India, Nashik
From India, Nashik
Dear Professionals
Thanks you very much for your guidance on this thread, i seek more guidance on it, 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 from our competitor hence it is 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 on the basis of 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
From India, Nashik
Thanks you very much for your guidance on this thread, i seek more guidance on it, 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 from our competitor hence it is 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 on the basis of 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
From India, Nashik
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