I have resigned from an IT company after working more than seven and half years and serving required notice period of 60 days. Now, after more than a month of cessation of my association, company HR asks me to sign a "Invention Assignment / Non Disclosure Agreement (NDA). My appointment later did not contain a condition for signing of agreements and such change in policy was never intimated to me or other employees during my tenure as employee. Company has neither given me relieving letter nor paid my dues viz., salry for one and half month, annual components like medical benefits, performance incentive, LTA and also gratuity. Further most of my contemporaries have not signed such agreement. The agreement contains strong clauses like: One cannot take up employment with a customer, business partner, competitor and potential competitor for a period of one year; agree to compensate damages in cash, etc.

Please advise on:

a) legality of company asking me to sign such a bond now after leaving the job

b) validity of clauses in NDA

c) ways to secure relieving letter and payment of dues.

From India , Mumbai

Dear Kirti,
They could have asked you to sign such NDA when u were working with them. An ex employee is not governed by the present rules and regulation of a company. Just don't sign it. They can do nothing. Cheers...

From India , Calcutta

Hi Kirti
Give them this document with pleasure as this will have no legal sanctity or liability for you.
Ask kindly to be provided with relieving letter and Experience letter + Gratuity.
If company is unwilling, tell them that you will have to approach labour court.

From India , Panipat
Dharan Bharani

My Replies
a) legality of company asking me to sign such a bond now after leaving the job
This is not legal document ,This is so vague that the companyneeds to attach the list of customers,Competetiors or business partner.If they produce and you sign on all the lists then they will send you a legal notice .
b) validity of clauses in NDA
Since this is not a legal document this would be in valid.
c) ways to secure relieving letter and payment of dues.
Simple way is to sign the letter and reply them by post for a list of customers,Business partners and potentil business partner.

From United States, San Francisco

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