No harm in signing NDA
company would not issue you relieving letter unless you sign NDA
any agreement in restraint of trade is void
Resignation Acceptance Letter Not Issued
Hi, I have resigned from my ex employer and served full notice period. At the end of the last day they sent a mail to sign Exit NDA which has all the clauses to hold the employee to not join their customers, when I refused to sign it, they with holed my resignation acceptance letter. Its been 2 months, they have not issued resignation acceptance letter. Is it mandatory to sign the Exit NDA? Thanks in advance
Asked 2 years ago in Labour
8 Answers
It is not mandatory to sign such agreements at the time of resignation.
If they are not giving relieving letter and not settling the dues you issue a legal notice demanding all that is pending.
If they still don't respond, you may take legal steps to recover them
You have many legal options, but legal proceeding takes time. By the time you get order from Court can be more than one year. Sign the whatever they ask, such agreement will not be binding on you as the same is executed by you under compulsion.
Hi, Yes I have resigned at onsite. My ex company deputed me to onsite, due to work life balance I resigned, before coming here I signed a undertaking which has many clauses but most important are I need to serve for 2years or till work permit expires, if not I need to pay 5lk to get relieving letters. In my case my work permit issued for 1 year, once it expired I resigned the company, but they asked me to renew it. Now my ex company is asking 5lk to release the relieving letters. Anyway I can refuse this?
Asked 2 years ago
it is necessary to peruse undertaking signed by you
you have served till work permit expired so not required to pay RS 5 lakhs
issue legal notice to issue you relieving letter
The company's demand of Rs. 5 lakh is exorbitant and illegal.
It is a kind of extortion.
You can refuse to pay that.
The work permit was for one year alone, hence renewal beyond this for another year is optional and not a compulsion on you.
You can initiate legal action if the company is not abiding by your demand to issue relieving letter and settlement of all your dues
Dear Client,
Mandatory Signing of Exit NDA:
- Whether signing an Exit Non-Disclosure Agreement (NDA) is mandatory depends on the terms of your employment contract. Generally, an employer can request an employee to sign an Exit NDA as part of the separation process. However, you have the right to evaluate the terms of the NDA before signing it. If you feel the terms are against your growth you can take a strong stand to refuse.
Refusing to Sign Exit NDA:
You have the right to refuse to sign an Exit NDA if you are uncomfortable with its terms. If you decide not to sign, communicate your decision respectfully and clearly to your ex-employer. Keep a record of your communication in case it's needed for future reference.
Resignation Acceptance Letter:
If your ex-employer has not issued the letter within a reasonable timeframe, you might consider reaching out to them to inquire about the status. Keep your communication professional and concise. If not adhered, you can issue a legal notice and follow the due process of law to get the same.
- As per law, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, they cannot force you for sign the NDA , if you are already tendered the resignation
You can send a legal notice for getting the same.
You need to send legal notice for the same and approach office of labour commissioner or court if needed
