Regarding non disclosure agreement
Querist :
Anonymous
(Querist) 29 June 2011
This query is : Resolved
Hi,
One of the Bangalore based company contacted me and offered me to do the work from home (part time work) , considering my work experience and my profile. Now I am working professional and currently working in multinational company. They sent me some sample work to test my knowledge. I completed the sample work and cleared their test. After that we decided all financial terms and conditions on phone. But they did not send me the financial terms and offer letter or license for authorised agent to do their work on email. Is it fine that they did not send it on email? Please advice on this.
However I got email of HR regarding only sample work and also got email of operation manager to do further work and path of the work. I have done training on phone as well. They sent me the work on email and their path. Before starting the work they want me to sign non disclosure agreement via e mail and on paper also. I checked the details of the company; company is good and have good reputation in market. But the kind of work is depends on outsourcing and hence it is confidential. That is why they told me to sign non disclosure agreement before starting the work. I did not sign the agreement yet. I want to know the information and all regarding non disclosure agreement. I do not have agreement details now. However I just wanted to know the all information regarding non disclosure agreement.
Could you please advice me regarding below.
1) What are the consequences if somebody unfortunalty or without any intension disclose the document or break the rules.
2) Can company file the case, which type of case they can file? If they file the case then do they have authority to sell the property of the person who breaks the agreement if he does not respond to the notice or court proceeding.
3) For how many years court can send the person in jail.
4) Suppose situation arises then whether the case will file in Pune (my place) or in Bangalore (the place of company)
5) I need the all the information regarding this.
Please advice.
Guest
(Expert) 29 June 2011
1.normally non disclosure agreement give rise to damages
2. Is there any arbitration clause in this regard? if no civil case lies. In some rare cases criminal complaint can be lodged.
3. in breach of contractual terms in rare cases criminal imprisonment will be max 3 years
4. It is the a jurisdictional clause regarding place of sue as per agreement or company's articles of association.
mail further clarifications
Devajyoti Barman
(Expert) 29 June 2011
Breach of non disclosure clause often lead to civil damages as well as punitive action under criminal jurisprudence.
Jurisdiction would depend upon the nature of the suit/proceeding which may be Pune or Bangaluru.
Heaven 2011
(Expert) 30 June 2011
Dear Mr. Anonymous, we the professionals are of very peculiar nature. We never become satisfied with limited finance and always have the tendency to touch the sky. You do the work of consultancy, always do, no harm. But never go with any written documents/agreements etc. After all you are in salaried employment with one company which have hired you on 24*7 day basis. So legally, whoever give you whatever advice, you can not accept any work from any other Company or other person even on temporary basis. It is a clear violation of professional conduct. You please return the unsigned agreement and every document with you.It will be very harmful for your career. otherwise the seniors have rightly advised.
Querist :
Anonymous
(Querist) 01 July 2011
Hi All,
First of all thanks for your valuable advice.
I posted the above massage regarding non disclosure agreement. One of the Bangalore based company contacted me and offered me to do the work from home (part time work) , considering my work experience and my profile. Recently I receievd the agreement on mail and I read it carefully.
It is regarding the deta security and the remedy is injuctive because if contract breaks then it may cause irreparable injury.
Company mentioned that any dispute will be settled in Banglore juridiction only.
Also they have mentioned in agreement that, I wil not be able to work as a consultant or as a employee for other during the peroid commencing of the agreement and ending one year six months after the termination of the contract.
They did not send me the financial terms and pay out policy,offer letter and license for authorised agent to do their work on email yet. I checked the details of the company; company is good and have good reputation in market.But they wanted me to sign this agreement before starting the part time work (Work from home)
I have some queries. Please advice.
1) I am working professional ,whether it is good for me because they mentioned above clause.( not to work for other)
2)if somebody unfortunalty or without any intension disclose the document or break the rules. Then what will be the consequences.
3) The juridiction is Banglore then it will be very hectic for any persone to face legal challenges in Banglore becuse I am from Pune.
4) Can we request these people to change some terms and clauses in the agreement. Exampale- juridiction will be pune and also regarding non solititation clause (not to work for other)etc.
Please guide me and give me the clear idea about consequences and also what shall I do. Whether I should go ahead or not.
