Will former employees reveal company secrets?

According to 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 to keep the business secrets of the employer.

Pay the compensation expenses of the employer in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law.

Trade secret protection method

First of all, enterprises should strengthen the protection of trade secrets. First, strengthen the publicity and education of employees, especially contact with high-end product information and network management technicians of enterprises, conduct relevant confidentiality training for these personnel, and strengthen their confidentiality awareness and responsibility. The second is to strengthen security measures. If a person with special working rights leaves his job, all his rights will be terminated immediately, and his resignation procedures will be carefully examined and he will not be given a chance.

Second, sign a confidentiality contract with employees. Signing a confidentiality agreement is an important way to protect business secrets from being leaked. For specific positions, the confidentiality period or overdue penalty can be stipulated, and the higher expected default cost also has a certain deterrent effect on employees' breach of contract and disclosure. In addition, it is possible to set non-competition restrictions on specific technicians, but the corresponding economic compensation should be paid attention to when setting non-competition restrictions, otherwise the non-competition clauses may be invalid.

Third, for those technicians who have made important contributions to the development of enterprises, the lifelong employment system will be implemented and they will enjoy higher wages, medical care, housing, pension and insurance than ordinary employees. For these highly knowledgeable talents, we should give them the remuneration and treatment they deserve to control the brain drain. Re-employment and retention of skilled workers can give full play to their talents, their thoughts and work are stable, and talent shortage is not easy to occur.

Fourth, enterprises can use legal weapons to protect trade secrets.

First of all, when the business secrets of an enterprise are infringed, the following work should be done:

(1) Judge whether the secret belongs to the scope of trade secrets and meets the legal requirements.

(2) Investigate and collect evidence, including the confidentiality measures taken, the evidential materials to prove the establishment of the infringement, the damage caused by the infringement to the company or the profits obtained by the infringer.

(3) Minimize the consequences of information disclosure that may be caused by arbitration or litigation. If the company hires experts to identify "unknown" trade secrets, it shall sign confidentiality clauses or relevant agreements with the experts to be hired, and require the defendant and his agent to promise in writing not to disclose or use the trade secrets known during the trial.

If you have any legal questions, please consult Pushengda Law Firm.