Employee non-disclosure & intellectual property assignment agreement
Prajnya
(Querist) 19 April 2017
This query is : Resolved
Hello,
Please guide me to know about a particular case that my friend is facing.
The friend joins a company six month before & signed the employee non-disclosure agreement. But now that the boss has found the employee is more knowledgeable than him, he is out to make him sign a new agreement.Since he is not ready to sign so he is spreading bad news about my friend.The reason that my friend is not ready to sign the document is it will impact severely with future employability.So, my friend wants to resign as he feels that it is the correct way. But I wanted to know, is this actually possible? Can the boss forcefully make an employee sign an agreement? What is the way out without going to Police/ court or something like that? Is my friend really correct about resigning, please advice because I have no clue about it nor does he have. Also want to intimate that he is making him sign a document on the date of joining that means in April my friend will be signing a document for October.
Kumar Doab
(Expert) 19 April 2017
The employee can decline to sign any agreement.
The employee can decline to sign a backdated agreement.
The employee may record the incidences posted by you.
Kumar Doab
(Expert) 19 April 2017
What exactly do you mean by boss; owner or manager?
If at all employee decides to resign he/she may preferably tender proper notice of resignation under acknowledgment.
Prajnya
(Querist) 19 April 2017
By boss, I mean he is a manager
Prajnya
(Querist) 19 April 2017
Ok Sir.
I understood for the resignation part you mentioned but what will we do for the incidences record. He is the manager. Should I ask my friend to show the incidences record to the manager of his manager?
Kumar Doab
(Expert) 19 April 2017
The backdated agreement is apparently drafted by employer itself or its attorney's in HR/Legal cell and Line Manger has become executor.
You alone would know the exact facts.
The irrefutable evidence ( audio/visual/witnessed/minuted) and copy of the agreement may help in the long run to separate without adverse effects.
Is employee member of employees'/trade unions?
Remain amiable and gentle in office.
Prajnya
(Querist) 19 April 2017
Thank you so much Sir.
Kumar Doab
(Expert) 19 April 2017
You are welcome.
P. Venu
(Expert) 20 April 2017
Any agreement, without informed consent, is voidable.
Guest
(Expert) 20 April 2017
Resignation from the post will be better option than buying any trouble in a tussle with the boss.
Prajnya
(Querist) 20 April 2017
Thank you Venu Sir.
Thank you Dhingra sir.
My friend resigned along with other two as they were also given the same contract.
Kumar Doab
(Expert) 20 April 2017
Try to get acknowledgment and acceptance of notice/final resignation,correct FnF statement, Form 16 as per correct FnF statement,,Service certificate,relieving letter ( preferably with good comments) ,Salary slips of all months,PF a/c slips of all years,ESIC card, acknowledgment of handover of charge, NOC/NDC etc etc.....................
Download evidence and record of performance, appreciations, incentives, commendations, appraisals etc etc..............
Develop rapport and goodwill with next employer so that it stands with you.
Guest
(Expert) 20 April 2017
You are welcome.
Prajnya
(Querist) 20 April 2017
Thank you Kumar sir.
Definitely will ask my friend, Swetanka, to work on it.
Frankly, he never had such a scenario in 15 years of work experience. He is very technical and well to go person. He is in good books of all his previous managers, only this one was a problem. Being into private, we all keep changing jobs to get promotion and salary increment.I guess, we all have ups & downs in life. Just hoping that he comes out at the earliest from this company.I will also ask him
Again, thank you for advising me & guiding me to help Swetanka.
Kumar Doab
(Expert) 20 April 2017
The incidence that you have posted is becoming some sort of fashion.
Imitation from Global partners.
It is NO exception for good or bad employee.
It is for one and all.
Anyone that get trapped has bad experience and anyone that succeeds not to get trapped has a good experience.
Employees need to learn to handle such issues:
With their own skills,
or with help and support of their own elders in the family and near and dear ones,
or their own employee's/trade unions,
or their own very able counsels of unshakable repute and integrity specializing in labor/service matters at their own locations.
Prajnya
(Querist) 20 April 2017
Sure sir,
We all will take lessons from here. Probably till now my luck at least has favoured me that I have not encountered any such issues with my Employers(present & Past). Cross fingers. It's difficult and tragic to handle such situations.
Kumar Doab
(Expert) 20 April 2017
It is not difficult to the extent that it becomes impossible.
The employees must develop skills and become properly informed and remain supported.
Properly informed and skilled employees justify their salary and remain in demand and also defend their interest, much better than others.
Employees that are supported as explained above in previous post defend their interest.
Employees facing employment issues and even Family matters/marriage-divorce related issues are soft targets and easy to exploit, by unscrupulous employers
and
also
by
unscrupulous persons loitering and fishing at various online portals posing as some experts but to exploit and loot unsuspecting authors and querists.
Prajnya
(Querist) 20 April 2017
Ok.
Trying to make out definitely. But it will come with time. But I think the points you have jotted down will help us get a grip slowly. We need to be very cautious and take necessary steps to evade any such future problems.
Thank you sir.
Kumar Doab
(Expert) 20 April 2017
You are welcome.
There many employee's unions/forums/support groups and have seasoned leaders and embraced by Trade unions and have done commendable job.
Any skill can be acquired.
Wish you the best.
Prajnya
(Querist) 20 April 2017
Thank you so much, sir, for the information.
And have a happy life.
Kumar Doab
(Expert) 20 April 2017
Thanks.
Wish you the very best in life.
