Only the non-competition restriction has a time limit, which cannot exceed two years. This also requires compensation. The specific standards vary from place to place, but they are not very low. When there is a place, it seems to be half of the salary.
Article 22 of the Labor Law of People's Republic of China (PRC) * * * The parties to a labor contract may agree in the labor contract on matters related to keeping the business secrets of the employing unit.
Article 23 of the Labor Contract Law of People's Republic of China (PRC) * * * The employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period.
If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The specific amount of confidentiality fee depends on the negotiation between the two parties, and the law stipulates the specific amount.
Extended data:
Confidentiality agreement means that both parties agree that written or oral information disclosed by one party to the other party shall not be disclosed to any third party. If a party who has the obligation of confidentiality violates the agreement and leaks confidential information to a third party, it will bear civil liability or even criminal liability.
A confidentiality agreement generally includes terms such as confidential content, responsible subject, confidentiality period, confidentiality obligation and liability for breach of contract. Confidentiality agreements can be divided into unilateral confidentiality agreements and bilateral confidentiality agreements. A unilateral confidentiality agreement refers to an agreement in which one party has a unilateral confidentiality obligation to the other party.
For the parties who violate the confidentiality agreement and cause serious consequences, China's criminal law stipulates the crime of infringing trade secrets.
Article 219 Whoever commits one of the following acts of infringing on trade secrets, thus causing heavy losses to the right holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets.
The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee.
The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
References:
Baidu Encyclopedia-Confidentiality Agreement