Ban on NDA (Non-disclosure Agreement)

Ban on NDA (Non-disclosure Agreement)

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Piyush Makwana started this petition to Ministry of Labour and

NDA - Non Disclosure Agreements

My recent experience with Tesla outsourcing Services company which is located in Gujrat and offering Architecture and Engineering Cad/BIM services to worldwide.

Company is asking to sign NDA during joining of employments which breaching basic fundamental right of human as per Indian constitution. Below is few point I would like to Highlight of NDA :-

  1) After resigning , Employee can start new job/startup up to next 5 years.

  2) Employee can not contact or talk with his/her colleagues.

To finish Architecture/Engineering is costing parents 10 lakh to 20 lakh per children. After spending such amount any company can bind legally such way which are breaching fundamental rights. 

I would like to request governments to ban such of NDA or it should be under government under taking. 

If government can not banned than any company NDA which are breaching fundamental rights of employee need to charge as criminal activity. It is very clear that if any parents spending huge amount for them children and private company spoiling them career on name of NDA it must be stop.

Below email is showing up how private company CEO are treating them employee, and threatening employee by giving example of previous year case.  

Below is email I received from company CEO as threat and also received threat by telephonic.       

1) Yes, the day I will have enough collection of proofs, about your breaching the NDA , and damaging our Company's intellectual Property, I will not take a a minute to go legally, and you have knowledge of what legal actions we have taken in the past for some employees, who have tried to steal our clients, our data , which is the Criminal act ,  and the case of those employees is in the honorable court now.

2) The so called NDA you have signed by yourself when you require Job from Tesla Outsourcing Services, have  you not read it before signing? Because  you require Job from Tesla Outsourcing Services, you have agreed to the clause of NDA , and now, since you have gathered all the Information and Data of Tesla Outsourcing Sevices, and Our Intellectal Property, you want rights to steal them and use them in the name of Fundamental Rights? Why you have not taken  Legal advice before signing NDA on 29th -03-2019 ?   You were not aware before signing NDA about your fundamenta rights?

Please note, you have signed a document , and is a legal agreement between the two parties , and any breach of such agreement,  any theft or use  of Client information ,Client  Data, which belongs to Tesla Outsourcing Services, will be the act of Cyber Crime. I am warning you again, and reminding you the Cyber Crime case we have launched against three employees (you were Employee of Tesla that time),  just like you, they were also taking very casually the Cyber Laws  of India and the NDA they signed. But they were jailed for breaching NDA and Cyber Laws,  by Contacting our clients and stealing our data, in the year 2019, and still the case is in the Honarable Court.

As far as our product and quality is concened and satisfactory services are concern, this is our company's matter and we will deal with it.  You  need to concentrate only on the terms of Non Disclousure and Confidentiality  agreement,  you have agreed and signed.

Hope you understand.  

Regards, 

Ketan Poojara

CEO

Tesla Outsourcing Services

Ahmedabad

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