Whether there will be compensation if you sign a confidentiality agreement and you are fired depends on the following situations:
1. Whether there is compensation in the confidentiality agreement depends on the stipulations in the contract. If there is agreement on confidentiality fees or compensation terms, there will be compensation;
2. If the confidentiality agreement stipulates a non-compete clause and agrees that after the labor contract is terminated or terminated, economic compensation will be given to the employee on a monthly basis during the non-competition period. . If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed.
The following situations apply to compensation when you sign a confidentiality agreement and you are fired:
1. If you sign a confidentiality agreement, the company will also give you compensation, that is to say, after After the contract is terminated, in addition to the normal salary and resignation compensation, the company will also pay you another compensation. If you violate the confidentiality contract at the agreed time, the company can require you to return it Compensation, and a certain amount of compensation must be paid to the company;
2. According to regulations, if the employer illegally terminates or terminates the labor contract, it shall pay workers compensation at twice the economic compensation standard. The standard of economic compensation is: one month's salary for every full year of working in the unit. If it is more than half a year but less than one year, it will be counted as one year; if it is less than half a year, half a month's salary will be paid. The maximum is 12 months salary. The monthly salary is: the monthly average of my salary in the last year;
3. If the labor contract is terminated by the employer through consensus reached by the parties to the labor contract, the employer shall based on the employee's working years in the unit, An economic compensation equal to one month's salary will be paid for every full year, up to twelve months. If the working time is less than one year, economic compensation will be paid at the rate of one year.
In summary, for employees who have a confidentiality obligation, the employer can agree on non-competition clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, Financial compensation will be given to workers on a monthly basis during the non-competition period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed.
Legal basis:
Article 23 of the "Labor Contract Law of the People's Republic of China"
The employer and the employee may It is agreed in the contract to keep the employer’s business secrets and confidentiality matters related to intellectual property rights.