According to the provisions of Article 50 of the Labor Contract Law of People's Republic of China (PRC), when the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days. Employees should handle work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. For the text of the labor contract that has been dissolved or terminated by the employer, if employees will steal the company's technology after the termination of the labor relationship, then we must judge whether the stolen technology of this technology item meets the following conditions:
1. Is this technology unique to your company or other companies?
2. Did the resigned employees give the company's technology to their peers?
3. Whether these technologies have brought benefits to peer enterprises.
4. Does taking away the technology bring huge losses to the company?
5. Whether the technology has been patented.
6. Whether the employee signed a non-competition agreement before leaving the company and paid the non-competition amount as agreed. If the above situation occurs, the company may require the resigned employee to bear legal responsibilities such as violating the patent law, violating the company's non-competition restriction and infringement.
Second, how to prevent employees from stealing technology?
Once the resigned employees take away the original company's projects, it will have a very adverse impact on the company's interests, which all companies do not want to see. So how to prevent this from happening? Summarized several tricks for everyone, so that the company can prevent this from happening. One is to sign a confidentiality agreement when signing a labor contract with employees, stipulating how long to leave the company and not engage in related work or how long to release the company's projects. The second is to sign a non-competition clause and stipulate relevant non-competition matters to prevent this from happening.
The above is about whether it is illegal to steal technology after leaving the company. From the above, we can know what reason we can protect our rights by stealing the skills of former employees. If you still have questions about the above contents, you can consult a lawyer online. I hope the above content is helpful to you.
Tips:
The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves other issues stipulated by the civil law #