Business secrets refer to technical and business information that is unknown to the public, can bring economic benefits to the employer, is practical, and is kept confidential by the employer. Not known to the public means that information cannot be obtained directly from public channels. Being able to bring economic benefits and practicality to the obligee means that the information has certain applicability and can bring real or potential economic benefits or competitive advantages to the obligee. Take confidentiality measures, including signing confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures. Technical information and business information, including design, procedure, product formula, production technology, production method, management know-how, customer list, source information, production and marketing strategy, pre-tender estimate and tender contents.
Article 22 of the Labor Law stipulates that the parties to a labor contract may agree in the labor contract on matters related to keeping the business secrets of the employer. Article 23 of the Labor Contract Law stipulates that 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.
To conclude a confidentiality agreement, you can directly stipulate the confidentiality clause in the labor contract, you can also stipulate the ownership of intellectual property rights or the non-competition agreement in the contract, and you can also sign a confidentiality agreement separately. When signing a confidentiality agreement, the principle of fairness and reasonableness should be followed. The main contents of the confidentiality agreement generally include: the content and scope of confidentiality, the rights and obligations of both the employer and the employee, the confidentiality period, and the liability for compensation for infringement of trade secrets. Confidentiality agreements can be signed when employees join the company or after they join the company. The employer has the right to refuse to hire a worker who refuses to sign a confidentiality agreement. However, the confidentiality agreement shall not violate the provisions of laws and regulations, and the rights and obligations of both parties determined in the terms of the agreement shall not be obviously unfair.
Two. Company Confidentiality Agreement Party A (unit): _ _ _ _ _ _ _
Legal address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Party B (employee): _ _ _ _ _ _
ID number: _ _ _ _ _ _
Whereas Party B has (or will) know Party A's business secrets during his employment in Party A's unit, and has the opportunity to improve his knowledge, experience and skills, in order to clarify Party B's confidentiality obligations, Party A and Party B sign this confidentiality agreement based on the principles of equality, voluntariness, fairness, honesty and credibility:
Three. Party A: Henan * * * Co., Ltd.
Party B: ID number:
Through consultation, both parties reached an agreement on the following confidential matters:
1. Party A and Party B voluntarily sign this agreement, and both parties reach the following agreement:
1. Party B guarantees and confirms that the labor contract has been dissolved by Party A according to law, and there are no labor disputes, labor personnel disputes, economic disputes, etc.
2. Party B shall not disclose the business secrets of Party A's company to a third party.
3. Party B shall not collude with others to make Party A suffer losses for the purpose of making profits.
4. Without the written authorization of Party A, Party B shall not engage in any activities in the name of Party A. ..
5. Party B promises to return all materials required by Party A. ..
6. Party A's business secrets shall not be used as a means to seek employment and development.
7. Do not use the business secrets of Party A's company and conduct new research and development on this basis.
2. If Party A's confidentiality rules and regulations are not specified or clearly pointed out, Party B shall also take any necessary and reasonable measures to keep its secrets in a prudent and honest manner.
3. Party B promises to return to Party A all documents, materials, reports, letters, faxes, disks and other forms of carriers that record Party A's business secrets, regardless of whether these secrets have commercial value.
Four. Liability for breach of contract:
If Party B fails to perform the specified obligations, it shall bear the liability for breach of contract and pay a one-time penalty to Party A, which is 5 times of Party B's basic salary in the year before leaving Party A's unit, and the income earned by Party B due to breach of contract shall be returned to Party A. ..
Verb (abbreviation for verb) the validity of negotiation:
This agreement shall be valid for three years from the date of signature or seal. The modification of this agreement must be made in written form agreed by both parties. This agreement is made in duplicate, one for each party, and has legal effect.
Party A: Henan * * Co., Ltd.
Party B:
Date:
The above is about the need to sign a confidentiality agreement for psychological counseling. For psychological counselors, they should have professional ethics and keep secrets for their clients.