The Non Disparagement Agreement After Termination is a crucial document used in the Indian corporate environment to protect an organization's reputation and maintain professional relationships following the end of employment. This agreement becomes particularly relevant in situations where employees have had access to sensitive information, held senior positions, or worked in public-facing roles. It is designed to comply with Indian contract law while respecting constitutional rights and typically includes specific provisions about prohibited communications, permitted disclosures, and enforcement mechanisms. The document is especially important in today's digital age where social media and online platforms can significantly impact corporate reputation. It serves as a protective measure for companies while ensuring reasonable post-employment obligations for former employees.
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1. Parties: Identifies the parties to the agreement, typically the former employer and the departing employee
2. Background: Establishes the context of the agreement, including reference to the termination of employment and the parties' desire to maintain professional relationships
3. Definitions: Defines key terms such as 'disparagement', 'confidential information', 'social media', and 'affiliated entities'
4. Non-Disparagement Obligations: Details the core obligations to refrain from making disparaging statements, including specific examples of prohibited conduct
5. Duration: Specifies the time period during which the non-disparagement obligations remain in effect
6. Permitted Communications: Outlines legitimate communications that are exempt from the agreement, such as truthful testimony in legal proceedings
7. Remedies: Specifies the consequences of breach, including potential damages and injunctive relief
8. Notice Requirements: Procedures for notifying the other party of potential violations or required disclosures
9. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution
10. Entire Agreement: Confirms that this document represents the complete agreement between parties regarding non-disparagement
1. Mutual Non-Disparagement: Include when both parties agree to reciprocal non-disparagement obligations
2. Social Media Protocol: Include when specific social media guidelines need to be established, particularly for high-profile employees or social media-sensitive industries
3. Confidentiality of Agreement: Include when parties wish to keep the existence and terms of the agreement confidential
4. Survival of Other Obligations: Include when there are other agreements (like confidentiality agreements) that need to be referenced and preserved
5. Return of Company Property: Include when there are outstanding matters regarding company property return
6. Alternative Dispute Resolution: Include when parties prefer to mandate mediation or arbitration before litigation
7. Severability: Include when there's a need to ensure that the invalidity of one provision doesn't affect others
1. Schedule A - Protected Entities: List of all entities covered by the non-disparagement obligation (parent company, subsidiaries, officers, directors, etc.)
2. Schedule B - Prohibited Communications: Specific examples of communications that would constitute a breach of the agreement
3. Schedule C - Approved Public Statement: Pre-approved language for public communications about the separation
4. Appendix 1 - Social Media Guidelines: Detailed guidelines for social media behavior and specific platforms covered
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Media and Entertainment
Professional Services
Retail
Manufacturing
Education
Telecommunications
Consulting
Pharmaceuticals
Banking
Relevant Teams
Human Resources
Legal
Public Relations
Marketing
Executive Leadership
Sales
Customer Service
Product Development
Research and Development
Corporate Communications
Operations
Administration
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Senior Manager
Department Head
Public Relations Manager
Marketing Director
Sales Executive
Human Resources Manager
Product Manager
Senior Developer
Customer Service Manager
Business Development Manager
Research Director
Technical Lead
Account Manager
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