The confidentiality agreement can let lawyers know that the lawyer profession itself has legal confidentiality obligations, and the general confidentiality agreement lawyers can read it. If it is a contract review, you need to go to a law firm and hand it over to a lawyer for review. The confidentiality agreement signed by the company and the employee according to law has legal effect. Both parties need to abide by the agreement. If the two parties also agree on the non-competition clause in the agreement, the employee shall not violate the agreement to work in a unit that has a competitive relationship with the company, or pay liquidated damages as agreed.
Acts of unfair competition that infringe upon other people's business secrets include:
1. Obtaining the business secrets of the obligee by improper means such as theft, inducement or coercion;
2. Disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
3. To disclose, use or allow others to use the business secrets of the obligee and its mastery in violation of the agreement or the obligee's requirement to keep the business secrets.
To sum up, the employer can sign a confidentiality agreement with the employee, stipulating that the employee shall bear the obligation to keep relevant business secrets, intellectual property rights and non-competition restrictions after the labor contract is dissolved or terminated, and the employer shall pay economic compensation monthly. Workers who violate the confidentiality agreement shall bear legal responsibility. If the circumstances are serious, they may face administrative and criminal penalties.
Legal basis:
Article 23 of People's Republic of China (PRC) Labor Contract Law
The employer and the employee may agree in the labor contract to keep the employer's business secrets 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.