1. How to recover liability for breach of confidentiality of trade secrets
Employees breach of confidentiality According to the agreement, if the company's trade secrets are leaked and the company suffers losses, the employees can be required to compensate for the losses. If the employees do not pay compensation, they can apply for labor arbitration. If it constitutes a crime, report it to the public security organ.
2. Relevant legal provisions
"Labor Contract Law of the People's Republic of China"Article 23 [Confidentiality Obligations and Competition Restrictions] The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidentiality matters related to intellectual property rights.
For employees who have a confidentiality obligation, the employer may agree on non-competition clauses with the employee in the labor contract or confidentiality agreement, and agree on the non-competition clause upon termination or confidentiality agreement. After the labor contract is terminated, the employee will be given monthly financial compensation during the non-competition period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 [Scope and Duration of Non-competition Restrictions] The persons subject to non-competition restrictions are limited to senior managers, senior technical personnel and other responsible persons of the employer. Persons subject to confidentiality obligations. The scope, territory, and duration of non-competition shall be agreed upon by the employer and the employee. The agreement on non-competition shall not violate the provisions of laws and regulations.
After the labor contract is terminated or terminated, the personnel specified in the preceding paragraph will be employed by other companies that compete with the unit that produces or operates similar products or engages in similar business. The non-competition period for an entity or its own business to produce or operate similar products or engage in similar business shall not exceed two years.
Article 90 [Worker’s liability for compensation] If a worker violates the provisions of this law and terminates his labor contractIf the employer violates the confidentiality obligations or non-competition restrictions stipulated in the labor contract and causes losses to the employer, the employer shall be liable for compensation.
According to the provisions of the "Labor Contract Law", after signing a confidentiality agreement, if an employee violates the provisions of the confidentiality agreement and leaks the company's trade secrets and causes losses to the company, the company can If the employee is required to compensate for losses but fails to do so, he or she may apply for labor arbitration. If you need legal help, readers can go to the Legal Savior Network for consultation.
