1. The compensation clause can be agreed in the confidentiality agreement;
2. If the laborer abides by the confidentiality agreement or the non-competition agreement, the unit may give him economic compensation according to the agreement; However, if the laborer fails to abide by the agreement, the unit may also require the laborer to pay liquidated damages to the unit in accordance with the agreement.
Scope of personnel signing confidentiality agreement:
1, senior R&D personnel, technicians and managers;
2. General technical support personnel and skilled workers in key positions;
3. Market planning and sales personnel;
4. Accountants, secretaries, security guards, etc.
Conditions for signing a confidentiality agreement:
1. The parties to a contract have corresponding capacity for civil rights and capacity for civil conduct: the parties to a contract must have corresponding capacity for civil rights, capacity for civil conduct and capacity for concluding contracts in order to become qualified contract subjects. If the subject is unqualified, the contract cannot have legal effect.
2. The will of the parties is true: the will of the parties is true, which means that the will of the actor should truly reflect his inner meaning. After the contract is established, it is often difficult to judge whether the parties' expression of will is true from the outside, and the law generally does not take the initiative to intervene. The lack of elements of true expression of will, that is, the expression of will is untrue, does not absolutely lead to the invalidity of the contract.
3. The contract does not violate the law or social public interest: the contract does not violate the law and social public interest, which mainly includes two meanings:
(1) First, the content of the contract is legal, that is, the rights and obligations agreed in the contract terms and the object they point to, that is, the subject matter, should comply with the provisions of the law and the requirements of social interests;
(2) Second, the purpose of the contract is legal, that is, the reasons for the parties to conclude the contract are legal, and the direct internal reasons are legal. There is no fact that the illegal purpose is achieved by legal means and the law is circumvented.
4. Having the formal requirements for the entry into force of the contract as stipulated by laws and administrative regulations: The so-called formal requirements refer to the formal requirements for the contract as stipulated by laws and administrative regulations. Formal requirements are usually not the requirements for the contract to take effect, but if they are stipulated as the conditions for the contract to take effect by laws and administrative regulations, they will become one of the requirements for the contract to take effect. Without these formal requirements, the contract can't take effect. Except as otherwise provided by law.
To sum up, the economic compensation for the confidentiality agreement is during the non-competition period. During the performance of the labor contract, it is the legal obligation of the employee to keep the business secrets of the employer, and whether the employer pays the confidentiality fee is not affected.
Legal basis:
Article 23 of People's Republic of China (PRC) Labor Contract Law
Confidentiality obligations and non-competition restrictions, 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.