Whether it is necessary to sign such nda???

Question

Career in IT

I am a newbie in IT, I almost got my first job recently, but at the stage of signing documents, I ran into such a thing as nda. This document provided for liability for the disclosure of confidential information, in particular, a fine of one million rubles for each case of disclosure, which I am obliged to pay to the employer within five working days + liability under the Criminal Code. Despite the fact that the definition of what information is confidential was very vague and, if desired, anything could be adjusted to this.
I did not sign such a document because of the huge fine and vague wording and, accordingly, did not get a job. Now another employer offers a paid internship, but before that you need to study for a month, to my question about the nda, he said that it exists but does not disclose its details.
Is it worth it to spend a month studying with this employer????

Answer 1

In the contract, you can specify a fine of at least a billion. But when recovering this amount in court (only if you do not agree), the judge will ask you to substantiate this amount, i.e. explain what damage was caused to the employer. And is there a causal relationship between your actions and the consequences. Also, the organization must establish by order a list of information constituting a trade secret. And, importantly, specific measures must be taken to protect this very secret. Of course, you must be familiarized with all documents against signature.
In short, the employer must take quite a lot of legally significant actions in order to recover at least something from you. Therefore, there remains only the option of intimidation with six-figure amounts in the contract.
PS Disclosing other people's secrets is bad.

Answer 2

This document provided for liability for the disclosure of confidential information, in particular, a fine of one million rubles for each case of disclosure, which I am obliged to pay to the employer within five working days + liability under the Criminal Code.

I’ll tell you a secret: not a single scribble where you are forbidden to tell something (even a trade secret, even the size of your salary) has no legal force. Absolutely.

Answer 3

This document provided for liability for the disclosure of confidential information, in particular, a fine of one million rubles for each case of disclosure, which I am obliged to pay to the employer within five working days + liability under the Criminal Code.

- it may even be written that you must shoot yourself if you blabbed about something. Only this is nonsense, contrary to the Civil Code, the Labor Code and the Criminal Code of the Russian Federation. Some not very smart employers write such scarecrows, but in reality, if your employer is not a state or a bank, then no one will exact anything from you and will not sue you. And if the bank or the state, then you will clearly know what exactly you cannot disclose - you will be familiarized with this against signature. So pretend to be very scared, and you can sign if you want.

Answer 4

So the question is about the NDA or about studying?
Everyone has an NDA in some form, and if you don’t like vagueness, you can ask the employer to clarify in the contract what exactly cannot be disclosed.
For example, IMHO: It is considered normal to prohibit disclosure of code, implementation details, the fact on which project you are working, if it has not yet been announced, and any user data.
Not normal - a ban, in principle, to publish information that you worked with this employer (not to be confused with a customer), a ban on disclosing the RFP, a ban on competition.

Answer 5

Is it normal for an NDA in an organization, you did not sign it just because you are afraid to tell something)?

Answer 6

It is worth it, if you do not sell or try to sell the code base, then no one will come to you.
Also, if you do not leak unpublished announcements to the network, then no one will come
why it is blurry, because it is difficult to concretize in reality.
And just like that, no one will shake millions from you, there is little profit from this.
well, yes, he signs in any medium-large company, and in most small ones, but there are very few stories about penalties and I doubt that they will find at least some significant percentage where "Rafik is not to blame"

Answer 7

Do not be afraid of NDA, this is a normal practice for all large companies and for almost any development agreement between organizations.
As they correctly wrote, it is almost impossible to recover a fine from you in case of disclosure, and if you do not ruin the company with this, then hardly anyone will even bother. The maximum fine is another bonus that you can be deprived of. And it's not as easy as it seems.
By the way, please note that the NDA does not apply to interaction with government agencies (tax, Ministry of Internal Affairs, etc.).
And then there are the norms of labor legislation, and if the piece of paper you signed contradicts labor legislation, then it loses its legal force.
In general, if you want to work, get ready to sign a bunch of strange papers. It is advisable to read them, but you should not take them too close to heart, especially considering that most of the pieces of paper are automatically generated in the package of documents when registering an employee and in no way depend on the position of this employee.

Answer 8

Judging by the description, this nda is very at odds with the laws of the Russian Federation and it will be declared invalid in any court, so you should not give a shit about it

Answer 9

1. As many have already written, there is no particular need to be afraid, this has no legal force in the Russian Federation (another question is whether you are in the Russian Federation).
2. You risk your salary in general (the normal practice is post-payment, it will probably be withheld if there are questions. You will dispute this and you may well win - the vagueness of the wording in a healthy court plays in your favor, but it is unlikely that you will start a process in a non-native country.
3. It is unlikely that you, as a beginner, will be offered to work with the Grail
. Conclusion - sign.