HR asking me to sign new NDA to release my Full and Final settlement
I have worked with an Indian subsidiary of a US-based organization for 10 months in a management position. The company is based in Pune, and I am from Hyderabad.
Due to various circumstances including seeking a career with more work-life balance, I have left the organization. I provided notice in March and May 12th was my last day.
Today (twelve days after my last working day), HR sent me an email asking me to sign a new NDA without which they will not process my Full and Final settlement. I don't want to sign this NDA because two of the clauses in it seemed very dangerous:
1. The Receiving Party shall perform any acts that may be deemed necessary or desirable by the
Company to confirm or evidence the Company’s ownership of all the Work Product to the fullest
extent possible, including without limitation, by executing further written assignments or other
instruments of transfer in such form as may be requested by the Company. If the Company is
unable, after reasonable effort, to secure the Receiving Party’s signature on any such papers, the
Receiving Party hereby irrevocably designates and appoints the officers of the Company as the
Receiving Party’s agent and attorney-in-fact to execute any such papers on his/her behalf, and to
take any and all actions as the Company may deem necessary or desirable in order to protect its
rights and interests in any Work Product.
2. The Receiving Party hereby permanently waives all ownership, integrity, special, moral or similar
rights, if any, that vest or may vest in the Receiving Party. The Receiving Party further acknowledges
and agrees that through the complete and permanent waiver contained herein neither do the Receiving Party's legal heirs retain any ownership, integrity, moral, special or similar rights in and to
any Work Product.
What is the appropriate way to respond to this? I am not in favor of signing this new NDA. I have already signed an NDA in the past.
Asked 7 days ago in Labour
Hi Ajay sir. Thank you for your prompt guidance. The company has a lot of money to waste on legal battles. I've seen them stoop to that level in the past while I was employed with them. On further reading online, it seems that labor courts are not very quick. And apparently, if this becomes a civil matter (I just read something online, so I'm not sure), it is supposed to be a very costly affair. Considering this additional information, what is your recommendation?
Asked 7 days ago