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Is signing of NDA after resignation compulsory?
22-May-2023 (In Labour & Service Law)
i would like to know whether an employer can force to sign NDA after serving the notice period and can also hold full and final dues until and unless NDA is signed by an employee? How to clam full and final dues if employee is not wiling to sign NDAl?which act and which section does this attracts? In how many days employer is liable to settle the full and final dues of the employee after he serves his notice period?
Any contract which is supposed to be signed in between the parties are supposed to be sighed at the time of joining the organization only and not at the time when you have served the notice period. Further, there may be event based documentations. Such as you have been deputed at certain assignments which is confidential then at that point of time the employer may ask you to sign NDA for that assignment.
In any circumstances you are not supposed to sign any documents at the time of your departure especially the NDA one.
As far as full and final settlement is concerned then that totally depends upon the internal procedure of the company. But the due date of full and final settlement shall be done within the reasonable period of time.
If they are taking a lot of time in doing it then you may send them the legal notice for the immediate release of yours and the full and final payment.
If they still do not oblige then you can drag them before the competent court of jurisdiction.
In any circumstances you are not supposed to sign any documents at the time of your departure especially the NDA one.
As far as full and final settlement is concerned then that totally depends upon the internal procedure of the company. But the due date of full and final settlement shall be done within the reasonable period of time.
If they are taking a lot of time in doing it then you may send them the legal notice for the immediate release of yours and the full and final payment.
If they still do not oblige then you can drag them before the competent court of jurisdiction.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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