Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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disclosure of confidentiality

Querist : Anonymous (Querist) 11 January 2011 This query is : Resolved 
On the basis of below clauses which are mentioned in the NDA what kind of legal action can be taken by the employer and how can an ex-employeee can be punished for these breach of NDA. Kinds suggest how employer can take the help of court of law.

* All Services performed and work created by the employee during the course of his/her employment for the employer is confidential and constitutes Confidential Information.

* This agreement shall not be breached i any form upto 5 years after the employees leaving the organisation for any reason whatsoever.

* Any breach of the clauses mentioned in the non-disclosure agreement will be treated as serious and the action taken will depend upon the decision of the management. However a chance of being heard be given to the alleged defaulter.
H.M.Patnaik (Expert) 11 January 2011
This is a service contract fitted with aclause restraining the Employee from disclosing details of assignments performed , info. gathered in course of his employment and other confidential info. relating to his Organisation.
This requirement also covers a period of five yrs. from the date of leaving the job as per the agmt..
In case of any breach of contract, the employer can approach the court of law for ensuring proper compliance of the clauses, pray for remedy available under both criminal & civil laws.
However, in case the confidential info. was disclosed by the employee or ex- employee to any govt. authority in course of any investigation or in public interest,
the shall not be treated as breach of NDA.
Ajay Bansal (Expert) 12 January 2011
Agreed with H.M.Patnaik.
Querist : Anonymous (Querist) 12 January 2011
under which senction of Cilvil laws and criminal laws employer can seek remedy.

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