What confidentiality obligations and duties should personnel involved with secrets perform?

Article 23 of the Contract Law [Confidentiality Obligations and Non-Competition] The employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24: [Scope and Period of Non-Competition] The persons subject to non-compete restrictions are limited to the employer's senior management personnel, senior technical personnel, and other personnel who have confidentiality obligations. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.

1. Be directly responsible for the confidentiality of their own posts;

2. Master the basic confidential knowledge, skills and requirements;

3. Abide by confidentiality laws and regulations, and perform job confidentiality duties;

4. Report the hidden dangers of leakage in a timely manner and stop violations of laws and regulations.

This is the responsibility of personnel involved in secrets as stipulated in the military secrecy qualifications, and the provisions in other secrecy qualifications are similar.

What are the confidentiality obligations that personnel involved with secrets should perform during the declassification period?

Article 38 of the new "Secrecy Law" stipulates that the declassification period shall be implemented for personnel involved in secrets when they leave their posts and leave their posts. 1.

During the period of declassification, personnel involved with secrets shall perform their confidentiality obligations in accordance with regulations, and shall not be employed in violation of regulations, and shall not divulge state secrets in any way. 2. The declassification period of personnel involved with secrets shall be determined according to the classification level, quantity, and time of their contact with and knowledge of state secrets. Under normal circumstances, the core personnel involved in secrets are 3 to 5 years, the important personnel involved in secrets are 2 to 3 years, and the general personnel involved in secrets are 1 to 2 years.

The declassification period is calculated from the date on which the organ or unit approves the personnel involved with secrets to leave their secret-related posts. For special high-density personnel, a declassification period beyond the above-mentioned period may be set in accordance with the law, and even lifelong restrictions may be imposed on employment, leaving the country, etc. 3. If the personnel involved in secrets leave their posts, the management of the declassification period shall be carried out by the organ or unit.

Where personnel involved with secrets leave their original secret-related units and are transferred to state organs or secret-related units, the unit to which they are transferred is responsible for the management of the declassification period; In other circumstances, the original secret-related unit, the department for the administration of secrecy, or the public security organ is responsible. Duration of Management of the Declassification PeriodArticle 2 of the Notice on Several Issues Concerning the Mobility of Employees in Enterprises When an employer and an employee in possession of trade secrets agree in the labor contract on matters related to the preservation of trade secrets, it may agree to adjust the employee's position and change the relevant content of the labor contract within a certain period of time (not more than six months) before the termination of the labor contract or after the employee proposes to terminate the labor contract; The employer may also stipulate that an employee who is in possession of trade secrets shall not be employed by another employer that produces the same kind of products or engages in the same kind of business and has a competitive relationship within a certain period of time (not more than three years) after the termination or dissolution of the labor contract, nor shall it encourage himself to produce the same kind of products or operate the same kind of business that is in competition with the original unit, but the employer shall give the employee a certain amount of economic compensation.

The management of the confidentiality of personnel involved with secrets must be followedConfidential workThe internal objective law is based on the management principles of scientific definition, strict review, classified management and whole-process supervision.

1. Scientific definition refers to the determination of secret-related posts and personnel in strict accordance with the criteria and procedures to ensure that there are no omissions in secret-related posts and personnel, and at the same time, it is also necessary to strictly control and ensure that secret-related posts and personnel are "minimized". This is the premise and foundation for doing a good job in the management of personnel involved with secrets.

2. Strict examination refers to the examination of personnel who intend to work in secret-related posts in accordance with unified examination standards and procedures, and strictly controls the entry of personnel involved in secrets.

3. Categorical management refers to the classification of personnel involved in secrets into three categories: core, important and general according to the different positions involved in secrets, and the corresponding management measures are taken separately. This is the key and difficult point in the management of personnel involved with secrets.

4. Whole-process supervision refers to the implementation of whole-process and all-round management of personnel involved in secrets. Comprehensive use of education and training, signing of a letter of commitment.

and other radical elimination methods, strict on-the-job, on-the-job, off-the-job confidentiality management, to ensure that all links are seamlessly connected and interlocking.

What are the work requirements for personnel involved in secrets before taking up their posts?

1. Accept the pre-job qualification review.

In accordance with the principle of "comprehensive review, trial before use, and categorical implementation", personnel involved in secrets must accept their nationality, political stance, and work experience from their units before they go to their posts to learn about filial piety.

Family members and major social relationships.

and other circumstances of the confidentiality review.

2. Conduct pre-job confidentiality training.

Personnel involved with secrets should study and understand the laws and regulations on secrecy.

Master the basic knowledge and skills of confidentiality work, and prepare for work. Organs.

It is necessary to draw up training outlines and arrange training courses in advance, and conduct systematic training in the knowledge of secret-guarding laws and regulations and practical skills for newly appointed personnel involved in secrets.

3. Sign a confidentiality commitment.

Personnel involved in secrets should sign a confidentiality pledge with their subordinate units, and further clarify the confidentiality obligations and legal responsibilities to be assumed.

The Secrecy Law stipulates that personnel working in secret-related posts are divided into core secret-related personnel, important secret-related personnel, and general secret-related personnel according to the degree of secret-related personnel, and implement classified management.

1. Organs and units shall determine the secret-related posts of their own organs and units one by one on the basis of state secret matters, the number of secrets, the degree of secrets, the time limit for secret-related, the nature of the posts, and so on. There are two types of secret-related positions: specific positions and quantitative positions.

1) Specific positions:

Positions in the production, reproduction, sending, receiving, transmitting, keeping, maintenance and destruction of state secret carriers;

Positions related to the construction, management, operation and maintenance of classified information systems;

Positions that undertake research, construction, and management tasks for confidential projects;

Positions and related management positions engaged in the production of national secretarial products;

the position of the person responsible for classifying secrets;

other posts specializing in the handling of state secrets;

2) Quantitative positions.

Positions that do not belong to the specific positions described above, but have produced or handled a certain number of state secrets in the course of work, shall be designated as positions involving secrets.

"Handling" refers to the handling or use of state secrets in the course of work. State secrets here include not only state secrets generated by their own units, but also state secrets generated by other units that are used, known, distributed, reported, and exchanged in the course of work. It should be noted that, according to the administrative level, state secrets that are generally held and conveyed to the county and regiment level and below are not included in it for the time being, and the derived state secrets are not double-counted.

The Secrecy Law stipulates that personnel working in secret-related posts are classified according to the degree of secret-related involvementGeneral secret-related personnel, important secret-related personnel, and core secret-related personnel.

Personnel involved in secrets are divided into the following according to the degree of confidentiality:

Core secret-related personnel, important secret-related personnel, and general secret-related personnel.

1. Personnel working in secret-related posts (hereinafter referred to as secret-related personnel) are divided into core secret-related personnel, important secret-related personnel, and general secret-related personnel according to the degree of secret-related personnel, and classified management is implemented.

2. The appointment and employment of personnel involved with secrets shall be examined in accordance with relevant regulations. Personnel involved with secrets shall have good political quality and conduct, and have the ability to work in a position that requires secrets. The lawful rights and interests of personnel involved in secrets are protected by law.

From the perspective of the distribution field, industry, unit level, nature of work, and degree of knowledge of the personnel involved in secrets, these "common characteristics" seem to be selected as classification criteria. But no matter what you choose as a classification standard, the key is to grasp four principles:

The first is to fully reflect the goal pursuit of managers. The fundamental purpose of classification is to strengthen the confidentiality management of different categories of personnel involved in secrets, especially those involved in important fields and industries, at the national level, and at the core and important levels.

Second, it is conducive to the realization of differentiated management. Stricter rigid restrictive measures should be adopted for personnel involved in secrets above the key level, and violations must be punished and punished severely, and key investments should be made in relevant treatment, compensation for rights and interests, as well as the allocation of confidential hardware facilities; For ordinary personnel involved in secrets, they can be flexibly restrained and given the necessary input of elements to ensure the key points and cores.

Third, the classification standards must be unified. Judging from past practice, people are accustomed to dividing people involved in key and rotten secrets into leading cadres, ordinary civil servants, and scientific research personnel of enterprises and institutions. This kind of classification is very likely to cause ambiguity and overlapping

Among the leading cadres are experts who are directly engaged in scientific research, and among the scientific research personnel, there are also leading cadres who are responsible for management work, and so on. Therefore, uniformity should be sought in the study of the determination of classification criteria.

Fourth, we must achieve full coverage. The draft can include all the personnel involved in secrets with a large number of people, wide distribution, different types, and different levels, and there is no overlap or omission.