• Non Disclosure Agreement - Sharing

Hi,

I am working in a private company and I have signed a Non Disclouse Agreement in this company. Currently I have an offer from another company which is considered as competitor in my company. Previously I was not shared the copy of NDA. Is this some confidential information, which cannot be shared outside? I have been told by my HR that NDA cannot be shared outside. I want some clarity on this NDA, if it can be shared outside. 

And I will be asked to sign some stamp papers while leaving which has additional clauses other than from NDA. Is it legal to have additional clauses other than from NDA in that? Is it safe to sign it or should I verify this with a lawyer before signing it?
Asked 1 year ago in Labour from Chennai, Tamil Nadu
Hi
 if you are asked to sign any papers while leaving the company take time to understand the pros and cons of it, if needed take it to an advocate .
NDA  by an employer is not a legally approved contract as you are not deciding the clause, but depending on the contents the company or the employer can refrain you from sharing their  data/ work formula or anything specifically secretive in nature which affects the company.
 So additional clauses are not legally binding especially when they insist you to sign at the time of leaving.
If a company  have a NDA clause, that one should not take up job with the competitor is against the right of the employee as it would be easy for the employee to find job in a field where he is experienced.So even if you are made to sign a clause which stop your growth and work prospects, you don't have to be bind by that.
Many of the private companies make you  to sign the bond, stamp papers, and such NDA s which are unethical and violation of the rights of a an employee. Each case will be different based on the contents what you sign, the company's nature of work and the provisions of law applicable to it under different laws, civl, labour and contract act in compliance with the constitution
No need to worry about the NDA you signed , you should give preference to your career and growth, so if the previous employer has problem with it , get the legal prov sions which ensures your right under labour law.
 So you should not give in to the pressure tactics of the employer ,  check the contents before signing the next set of papers
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) Non disclosure agreement is binding on you while you are in employment. Therefore once you have resigned the agreement should not be binding on you. Time While in employment you cannot disclose whatever you have signed up not to disclose as it will  affect the company's business and interests adversely.

2) You are under no obligation to sign any agreement at the time of leaving the company. Refuse to oblige. You can certainly consult a lawyer to help determine if you  can sign and if you need to oblige.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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