How to sue an employee who resigns and leaks trade secrets

Once any of the following situations are involved, it should be considered a criminal offense and a case will be filed for investigation: (1) The economic loss caused to the owner of the trade secret exceeds RMB 500,000; (2) Due to the infringement of trade secrets The illegal gains obtained exceed RMB 500,000; (3) directly causing the bankruptcy of the owner of the trade secret; and (4) other situations that cause extremely serious damage to the owner of the trade secret. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. How to sue an employee for leaving the company and leaking trade secrets

Regarding this issue, we need to conduct a specific analysis.

When an employee discloses the company’s trade secrets, if a civil dispute arises, the company will They have the right to seek judicial channels, submit this matter to the People's Court of the People's Republic of China, the highest judicial institution in my country, and claim corresponding compensation.

If such behavior reaches the severity stipulated in relevant laws and regulations, such as Circumstances such as actual losses caused to the enterprise exceeding RMB 500,000, profits obtained through illegal means exceeding RMB 500,000, causing the bankruptcy of the enterprise, or other extremely significant negative impacts on the enterprise may constitute a crime. Charge of infringement of trade secrets.

In such a situation, the company should immediately report to the local public security department and Request their intervention for investigation and handling.

According to the relevant laws and regulations of our country, the infringement of commercial secrets shall involve any of the following:In any case, it should be regarded as a criminal offense and a case should be filed for investigation:

(1) The economic loss caused to the owner of the trade secret exceeds RMB 500,000;

(2) The illegal gains obtained from infringement of trade secrets exceed RMB 500,000;

(3) directly results in the bankruptcy of the owner of the trade secret; and

(4) Other situations that cause extremely serious damage to the owner of the trade secret.

"Criminal Law" Article 219

[Crime of infringement of trade secrets] Anyone who commits one of the following acts of infringement of trade secrets, if the circumstances are serious, shall be sentenced to a fixed term of not more than three years Imprisonment, and concurrently or solely with a fine; if the circumstances are particularly serious, the sentence shall be not less than three years but not more than ten years in prison, and also a fine:

(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;

(3) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing, using or allowing others to use business secrets in their possession.

Whoever knowingly obtains, discloses, uses or allows others to use the trade secret with knowledge of the acts listed in the preceding paragraph shall be deemed to have infringed the trade secret.

This article

The right holder refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.

2. How does the company handle the forced resignation of employees?

Facing the dilemma of employees’ forced resignation, companies can take the following measures Respond: In-depth exploration of the reasons for resignation: Actively engage in dialogue with employees to accurately grasp the root causes of their choice to leave; Perform resignation procedures in accordance with rules and regulations: Strictly require employees to follow the company's resignation procedures and effectively complete various resignation procedures; inform them Relevant departments: Ensure that each department can keep abreast of the latest developments of the employee's resignation and make preparations for the job handover of the position in advance; Assess the negative impact: In-depth analysis of the potential impact of the employee's resignation on the company's work progress and team collaboration; Quickly Find suitable candidates: Carry out recruitment activities or internal deployment as soon as possible in order to fill the vacancies left by resignation as soon as possible; Preserve relevant evidence: If employees are found to have violated corporate rules and regulations, be sure to properly preserve relevant evidence in case of possible future incidents Labor dispute needs; Pay wages on time: Strictly follow the company's established policies, pay employees' wages and other benefits on time; Reflect on the management system: Comprehensively review the company's current management system and employee care measures, and find possible deficiencies. Department; improve rules and regulations: timely adjust and improve the company's human resources management system according to the actual situation;Defend corporate interests: If necessary, we can resolutely safeguard the legitimate rights and interests of the company through legal means.

In short, companies should properly handle the forced resignation of employees on the basis of complying with laws and regulations problems and minimize the adverse impact on the enterprise.