Employer insisting me to sign NDA after resignation


My employer is asking me to sign an NDA and non-solicitating agreement after I have resigned from the company and serving a 1 month notice period. They are not giving me a relieving letter and my Full and Final due to this. I feel it is unethical on their part since they are asking me to sign it after I have resigned from the company. Regards

Answers (2)


122 votes

Dear Client,
If any contract is to be signed between the employee and employer the same is supposed to be signed in between the parties at the time of joining the organization only and not at the time when you have served the notice period.

Further, NDA agreement are signed when in the course of the employment certain confidential assignment is being assigned by the employer to the employee, then at that point of time the employer may ask you to sign NDA for that assignment.

However in any circumstances you are not advised to sign NDA.

As far as full and final settlement is concerned then same depends upon the internal procedure of the company. However if they take unusual time for the same, you can approach the competent court after serving notice of immediate release of your salary. In case of any other clarification please feel free to contact.

Regards,
Tushar Bahadur,
(Advocate),
High Court Lucknow.


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197 votes

Employers are invoking the clauses of the joining agreement you signed when you joined the company. It must be having clauses regarding non solicitation of company work to third party and non disclosure of company information. You should sign the same and notice period if not served then if clause contains you may be asked to pay on month salary to Company for processing your full n final settlement and issuance of Relieving Cum Experience Letter

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