Legal analysis
When the company terminates the employee's labor contract, it should have conclusive evidence, that is, there is evidence that the employee has leaked the company's business secrets. If the company cannot produce sufficient evidence, it has no right to unilaterally terminate the labor contract with the laborer. Trade secrets refer to technical and commercial information such as design materials, procedures, product formulas, manufacturing processes, manufacturing methods, management know-how, customer lists, supply information, production and marketing strategies. , unknown to the public, can bring economic benefits to the obligee, and is practical and confidential for the obligee. Among them, not being known to the public means that the information cannot be directly obtained from public channels; Being able to bring economic benefits to the obligee and being practical means that the information has determinable applicability and can bring real or potential economic benefits or competitive advantages to the obligee; The obligee adopts confidentiality measures, including signing confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures. To disclose, use or allow 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 punished as the crime of infringing 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.
legal ground
Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved not to meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.
Article 219th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts of infringing business secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion 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 confidentiality obligations or the requirements of the obligee to keep business secrets. In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the trade secret theory. 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. Article 219-1 Whoever steals, spies on, buys or illegally provides business secrets for overseas institutions, organizations or personnel shall be sentenced to fixed-term imprisonment of not more than five years and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.