Hi
I Prem Kumar employed in XYZ Organization as Franchise Manager and wsih to quit my job. I have signed an agreement with my incumbent company and the key highlight of the agreement is:
1. I joined the company on 1st Feb 2010.
2. My Employment Application Form was filled on 2nd Feb 2010.
3. I received my offer letter cum acceptance of appointment on 4th Feb.
4. I received a SECRECY AGREEMENT document of 3 pages of which 1st and 2ND page was on Rs 50 stamp paper each.
5. The company had not conveyed about the secrecy agreement during any part of the interview nor after appointment nor in offer letter received on 4th Feb 2010.
6. On 8th Feb I was given the Secrecy Agreement and it was surprise to me. I signed out of fear that if I don’t sign they may not employ me and terminate my appointment. So I signed the agreement on 13th Feb 2010.
The key features of the SECRECY AGREEMENT are:
1. The Agreement is named Secrecy Agreement.
2. The company has been incorporated under company’s act 1956 having its registered office in
3. The Stamp paper was purchased from Harayana.
4. I have to continue for a minimum period of 1 year.
5. I have to maintain trade secrets etc and that I cannot join a company into similar business as my current company.Surprisngly there was no trade secrets thay shared with me as they kept all secrets secrets only and further I am not allowed to interact with any staff
6. In the event intend to leave, resign or abandon the service during the 1 year, I will have to pay as liquidated damages an amount equivalent to the remainder months salary that the company would have paid me had I continued.
7. Additionally I would have to reimburse any amount that the company would have spent on my training
8. I did not receive any training from the company nor has the company spent anything on my skill development.
9. All collaterals prepared by me were purely on the basis of my knowledge.
10. I joined on 1st Feb 2010 and IF I resign I am willing to forgo my current month’s salary at the most.
11. In case of dispute refer to Section 7 of Arbitration Act failing which the dispute shall be referred to HIGH COURT of
12. The agreement also says that the agreement is made in
13. My office is based in Gurgaon and the secrecy agreement was signed in Gurgaon.
The company hasnt made any invetsment on my training
14. As on 16th Feb the other party or the employer has not signed the agreement and it has only my signature dated 13th Feb 2010.
In view of the above circumstances, I seek an opinion if the SECRECY AGREEMNT is legally enforceable and will I have to cough up the amount to the company as mentioned in the agreement
After joining I found that my profile was not as per my expectation and I hardly had any work with me. I a day I had on one hour work. During the initial weeks I helped developed documents related to my work i.e agreements financials etc. I felt that they were not utilizing my skill properly and this way if I continue I will ruin my career.I have received a good job offer and intend to take up at the same salary as i am drawing now