The Obligation Of Confidentiality Will Not Be Lost Due To The Rescission Of The Contract.

The ninetieth provision of the labor contract law stipulates that if a worker violates the obligation of confidentiality and causes losses to the employer, he shall be liable for compensation.

The twentieth provision of the anti unfair competition law stipulates that a worker who is in breach of the confidentiality stipulated in the labor contract causes damage to the employer, shall be liable for damages, and the loss of the employer is difficult to calculate. The amount of compensation shall be the profits gained by the infringer during the infringement period, and the employer shall bear the reasonable expenses paid by the employer for investigating the incident.

Xu has been fighting for more than ten years in the advertising media industry. He is also a senior advertising creative person.

In October last year, Xu's A advertising company received another advertising plan for a famous brand of beverage, demanding that it be completed before the Spring Festival.

When the project was carried out for more than a half, Xu was dug away by B advertising company with a high salary.

Just as the advertising planning project of A entered the stage of customer audit, the advertisement of another brand beverage produced by B advertising company first launched into the media, and led to a good market effect, and the sales volume of beverage also increased steadily.

A found that the advertisement planned by B company was exactly the same as the plan they were carrying out, so they thought of job hopping to Xu of B company.

A believes that Xu has the obligation to protect the company's business secrets. Xu violated the confidentiality agreement and should compensate the economic losses caused by the company.

And Xu believes that A has not signed it.

Therefore, they do not have to fulfill their obligations of confidentiality.

Trade secret refers to the technical information and operational information that is not known to the public, can bring economic benefits to the employer, and is practical and secure by the employer.

The twenty-third and 24 stipulations of the labor contract law stipulate that employers and workers can agree on confidentiality matters in the labor contract, and those who have the obligation of confidentiality may also stipulate articles of competition restriction.

The confidentiality of business secrets is usually limited to the workers who hold the business secrets of enterprises. Generally, workers who are in managerial positions and technical posts are usually not allowed to disclose, disclose, lend, grant, lease, pfer, punish or assist the third party in infringing on the company's business secrets.

But in addition to the above secret positions, no commitment.

When a general worker intentionally or unintentionally learns about a company's business secret, even if the parties have not agreed on the obligation of confidentiality, the employee is also responsible for the enterprise based on the principle of good faith.

We should also properly protect and carefully use trade secrets.

Business secrets are created on the basis of direct regulation of the law. Therefore, no matter whether there is an express agreement between the two parties, employees should bear the obligation of keeping business secrets after serving and leaving.

That is to say, the obligation of confidentiality is not exempt from termination or termination of labor contracts.

Although Xu and A have rescission of the labor contract, Xu should take the obligation of confidentiality as long as he knows the advertising plan is still in the open stage.

Only this plan is announced by A company. It is known to everyone that it is not a commercial secret.