How Can Bank Executives Quit Job To Prevent Confidential Leakage?

In the talent oriented job market, there is a two-way choice between the boss and the employees. The boss can not see his employees and he can be fired.

Bosses should have the bosom of their bosses, and employees should have the integrity of their employees. This is the way of workplace.

Traditional banks provide a large number of talent reserves for Internet finance. Nowadays, the P2P network lending platform is getting more and more popular from banks and credit departments. According to our observation, senior executives of banks have launched into the sea for personal entrepreneurial needs and high return demand, and become the backbone of Internet finance.

Recently, Wang Yongli, deputy governor of the former Bank of China [-1.62% fund, who has over 10 trillion assets, has been confirmed as a senior vice president and responsible for his Internet banking business.

In the face of these talents, how to protect the rights of the original employers and how to balance the legal relationship between individuals and enterprises deserve attention.

1. pay attention to "confidentiality".

Generally speaking, a company with a complete corporate governance will sign a competition agreement and a confidentiality agreement for executives and key positions.

"Prohibition of business strife" refers to a company's specific personnel who are subject to certain employment restrictions in accordance with the provisions of the agreement or the law, and are prohibited from engaging in competitive relations with the company.

The 147th law of the company stipulates that directors, supervisors and senior managers have the duty of loyalty and diligence to the company. 148th, first paragraphs do not enumerate the actions prohibited by directors and senior management. Among them, (five) "without the consent of the shareholders' meeting or the shareholders' Association, it is convenient for the company to obtain business opportunities belonging to the company or to operate for others and the company's similar business" by making use of the office's convenience. This is the law governing the prohibition of business strife for directors and senior management of the company.

Agreement prohibition refers to the prohibition of business strife between the company and its employees, and the labor law grants and acknowledges the effect of the agreement.

The twenty-third clause of the labor contract law: "employers and workers can agree to keep the employing units in the labor contract.

And confidential matters related to intellectual property rights.

For a laborer who has a duty of confidentiality, the employer may stipulate a competition restriction clause with the laborer in the labor contract or confidentiality agreement, and stipulates that the worker's economic compensation shall be given to the laborer on a monthly basis within the time limit of the competition according to the termination or termination of the labor contract.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract. The twenty-fourth item: "the person with limited competition shall be limited to the senior managerial personnel, senior technical personnel of the employing units and other personnel who have the obligation of confidentiality.

The scope, region and time limit of the competition shall be stipulated by the employing unit and the laborer, and the agreement on the restriction of competition shall not violate the provisions of laws and regulations.

After the termination or termination of a labor contract, the time limit for a person to be employed in the preceding paragraph to any other employing unit that has a competitive relationship with the unit's production or operation of similar products or similar businesses, or for the production or operation of similar products or business of the same kind, shall not exceed two years ".

It can be seen that the agreement prohibition is the premise of the employer's agreement on the basis of equal consultation with the employees in order to maximize the protection of their business secrets and other intangible assets, and pay the corresponding compensation accordingly.

The stipulation of prohibition of business strife under the labor contract law and the statutory prohibition of business strife under the company law complement each other and constitute the dual protection of the company's interests in corporate governance.

2. choose compliance new business.

Because

The legal status has just been confirmed, and some business models need to be tested by judicial practice. It is suggested that bank executives should consider their legal compliance issues when choosing jobs.

Although regulatory rules are gradually landing, illegal fund raising is still a sensitive issue in the area of mutual funds. As employees of the company, they may be involved in criminal cases of illegal fund-raising because of their participation in the operation of the company.

In this case, the job position and the degree of participation in the company determines whether it is possible to constitute a crime, whether it is a witness or a criminal suspect.

According to the experience of handling cases, the company's actual controllers, CEO, COO and others are more likely to get involved in crime because of the company's major decisions. Other participants are likely to become "tainted witnesses" in criminal cases.

Therefore, the choice of a reliable new boss is crucial to the bank executives who go ashore.

3., it is better to cooperate with the original employer than to cooperate.

In practice, we have encountered the case of "going for a row", that is, to represent the new enterprise and the old employer to seize the project originally executed by oneself.

In this regard, the second intermediate people's Court of Beijing (2007) criminal judgment No. 432nd of the second sentence can provide reference.

The public prosecutor accuses: the defendant Li and Beijing XX Limited signed the "confidentiality agreement". During his stay as the company's business manager, he discussed the cooperation project with the XXX unit in the name of the company.

Thereafter, the purchase and sale contract will be signed with the XXX unit in the name of the company incorporated with Zhang.

The court held that Li used to act as a manager of the business department of XX company and to represent the company in the specific duties of negotiating duties with the XXX unit, in violation of the XX company's confidentiality provisions, and to take advantage of the XX company's management information for its personal partnership with others to make use of it and make profits, causing serious economic losses to the XX owner of the trade secret obligee, which infringes upon the state's proprietary rights to the business secret obligee's intangible assets and the management order of the socialist market, and constitutes a crime of infringing trade secrets.

This reminds us that, as employees, whether they leave or not,

Don't throw it away.

Be honest and honest, no matter how others treat you, but you should always adhere to the principle.

To participate in the work is to better adapt to life, work gives us life experience, exercise our ability, but we should pay attention to the principle of doing things, not too much to pursue interests, and abandon the minimum moral bottom line.