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AGREEMENT BETWEEN EMPLOYEE AND EMPLOYER AFTER LEAVING THE JOB

(Querist) 26 December 2008 This query is : Resolved 
Dear Senior Friends,

One of to executive has going to releave, he has all the information of the industry. My request is while releaving from the employment we planning to obtaining the agreement 'stating that not to disclose any secreates of the company, if any thing happend in proof bound to leagal punishment' - So my request is if such agreemtn draft copy may please suggest. or mail a copy to me pbs_kumar@rediffmail.com

TREAT THIS AS MOST URGENT.

Regards,

PBS KUMAR

M. PIRAVI PERUMAL (Expert) 27 December 2008
The said undertaking will only be in writing . . . it will not be of any use . . . it will be very difficult for you to prove and punish him even if there is violation.
H. S. Thukral (Expert) 27 December 2008
Such clause usually appear in every appointment letter that the employee will not divulge any trade secrets during or after the service. A criminal action under section 406/409 IPC may be contemplated in case of violation .
Prof. Dr. Amaresh Kumar (Expert) 28 December 2008
It is all bakwas and monopoly of the employers. You can not impose any conditions when he does not remained your employee.
PBS KUMAR (Querist) 03 January 2009
Dear Senior Friends,

Thanks for your response. But is there any format while releaving an executive, some how we have to execute an agreement stating that 'NOT TO DISCLOUSE AND TRADE SECREATS AND OUTSTANDING DUES FROM VARIOUS CLAINTS', because a top executive who has resigned from the service but he has responsible for the outstanding dues from the various claints (delars) the sudden relieving is very difficult since the claints are knowing them very well. At that situation what kind of action we have to take. The management is ready to releave him. In that situation is there any 'cessation agreement' ? if so please send the draft copy.

Regards,

PBS KUMAR
Hiralal Das (Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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