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Good Afternoon Dear,
As per your above post that is depend upon your company's terms & condition.
Yes it is necessary to have agreements such as "Confidentiality and Non-Disclosure Agreement " between company and employee to be on stamp paper.
if your agreement in simple paper so that is not valuable but if you using company later head for same that is substitute of stamp paper.
From India, Delhi
As per your above post that is depend upon your company's terms & condition.
Yes it is necessary to have agreements such as "Confidentiality and Non-Disclosure Agreement " between company and employee to be on stamp paper.
if your agreement in simple paper so that is not valuable but if you using company later head for same that is substitute of stamp paper.
From India, Delhi
Dear madam,
Any agreement is enforceable in a court of law. Other than writing, even if a claimant could prove in a court of that a verbal agreement was made, that is also enforceable .
Now the difference is,
Basic
if you choose to execute on a plain paper or on a letter-head by the concerned parties only, again with witnesses, again with non-partisan witnesses.
Further,
again the same choices as above on a stamp paper
still further,
the same choices as above on a stamp paper and registering the agreement with the registrar.
The enforceability becomes stronger. And your legal counsel could guide you further professionally, that with each stronger options, you may be able to charge more severe laws for a breach.
I guess this meets your query to some extent.
regards.
From India, Pune
Any agreement is enforceable in a court of law. Other than writing, even if a claimant could prove in a court of that a verbal agreement was made, that is also enforceable .
Now the difference is,
Basic
if you choose to execute on a plain paper or on a letter-head by the concerned parties only, again with witnesses, again with non-partisan witnesses.
Further,
again the same choices as above on a stamp paper
still further,
the same choices as above on a stamp paper and registering the agreement with the registrar.
The enforceability becomes stronger. And your legal counsel could guide you further professionally, that with each stronger options, you may be able to charge more severe laws for a breach.
I guess this meets your query to some extent.
regards.
From India, Pune
Hello Garima,
HR RAES Services has really given it with great clarity. I guess it's clear to you.
But I would like to add one point here.
While with each stage/step that was mentioned, the enforceability becomes better & better, the ACTUAL DECISION of using which stage for what [basic/next/further-next] depends on the ACTUAL NEED for it. Usually registering the document/agreement with a Registrar is done only for very important ones--best examples would be Sale Deed/Agreement for land, Wills, etc.
Rgds,
TS
From India, Hyderabad
HR RAES Services has really given it with great clarity. I guess it's clear to you.
But I would like to add one point here.
While with each stage/step that was mentioned, the enforceability becomes better & better, the ACTUAL DECISION of using which stage for what [basic/next/further-next] depends on the ACTUAL NEED for it. Usually registering the document/agreement with a Registrar is done only for very important ones--best examples would be Sale Deed/Agreement for land, Wills, etc.
Rgds,
TS
From India, Hyderabad
Hi Garima,
From India, Hyderabad
It all depends on the position the employee is in. If you feel that the "Confidentiality and Non-Disclosure Agreement " is a compulsary due to the job profile of the employee, then the guidelines given by HR RAES Services are perfectly apt.
Regards
Regards
From India, Hyderabad
Dear Garima,
In my opinion Confidentiality and Non - Disclosure agreements between Employers and Employees can be on Letter head of the company and it may still be enforceable in the court of law.
If the nature of the information is too critical then it would be preferable to have witness on either side. If you feel it is necessary you can still affix your company's seal.
Generally, the content of the Confidentiality and Non - Disclosure agreements are the vital ones to enforce it. I trust you have elaborate procedures for it.
But it would be wise to consult your legal counsel while drafting the agreement because he will be able to back you up in the event of a trouble.
Regards
M.V.KANNAN
From India, Madras
In my opinion Confidentiality and Non - Disclosure agreements between Employers and Employees can be on Letter head of the company and it may still be enforceable in the court of law.
If the nature of the information is too critical then it would be preferable to have witness on either side. If you feel it is necessary you can still affix your company's seal.
Generally, the content of the Confidentiality and Non - Disclosure agreements are the vital ones to enforce it. I trust you have elaborate procedures for it.
But it would be wise to consult your legal counsel while drafting the agreement because he will be able to back you up in the event of a trouble.
Regards
M.V.KANNAN
From India, Madras
Dear
This Agreement in HR circles is called as NDA.
This Agreement has some value if it is entered with employees who are dealing with sensitive data of the employer.But these days it is signed with every one without any purpose and has become a part of the joining kit.
It may be good for white collared jobs where the employee is handling sensitive data but definitely for blue collared there is no purpose.For Temporary Employees it would have no effect as would be purposeless as the Employer will know that the purpose of employment is temporary and for its enforcement it is difficult to track the concerned employee.But Employers for their own satisfaction are getting it for their records to instill fear in the employees mind.There is no data available in HR circles on its enforcement and the case law on the subject is on its enforcement in very Senior positions.
Like any other Agreement it has to be on stamp paper .If not signed on Stamp Paper when it is sought to be enforced the penalty can be paid .
The time limit for enforcing it is 3 years after the employee has left the organization.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
This Agreement in HR circles is called as NDA.
This Agreement has some value if it is entered with employees who are dealing with sensitive data of the employer.But these days it is signed with every one without any purpose and has become a part of the joining kit.
It may be good for white collared jobs where the employee is handling sensitive data but definitely for blue collared there is no purpose.For Temporary Employees it would have no effect as would be purposeless as the Employer will know that the purpose of employment is temporary and for its enforcement it is difficult to track the concerned employee.But Employers for their own satisfaction are getting it for their records to instill fear in the employees mind.There is no data available in HR circles on its enforcement and the case law on the subject is on its enforcement in very Senior positions.
Like any other Agreement it has to be on stamp paper .If not signed on Stamp Paper when it is sought to be enforced the penalty can be paid .
The time limit for enforcing it is 3 years after the employee has left the organization.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
hi Can any body share me a adraft of such NDC between company and staff pls help regds Pradeepan
From India, Raipur
From India, Raipur
What is "Confidentiality and Non-Disclosure Agreement"? What is it generally used for? To prevent what? Regards Anoop PS. I hope my query does not digress from the original query.
From India, Delhi
From India, Delhi
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Confidentiality agreement.doc
Self disclosure.pdf