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1.If you are a relevant person under a duty of confidentiality, there is no such thing as voluntary or involuntary, and you must fulfill the duty of confidentiality. SO from the perspective of the entire agreement, there is no ambiguity.
2.If there is no agreement on the confidentiality period and liability, it can be determined in accordance with the provisions of laws and regulations: the protection of general trade secrets is indefinite, and the non-compete period is up to three years. Therefore, Article 6 cannot be found to be invalid.
3.The parties may agree or follow the provisions of law.
4.This problem has to be analyzed on a case-by-case basis, so let's not say.
5.There is no need to pay a confidentiality fee for keeping trade secrets. Even if a confidentiality fee is agreed, if one party fails to pay the fee, the confidentiality obligor cannot leak the confidentiality in violation of the confidentiality agreement on the grounds of arrears. However, the non-compete is required to pay the corresponding consideration.
6.This is a question you asked repeatedly.
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A confidentiality agreement is an agreement between the parties to an agreement that they shall not disclose such information to any third party in respect of written or oral information that one party informs to the other party. If a party with a confidentiality obligation violates the agreement and discloses the confidential information to a third party, it will bear civil liability or even criminal liability.
The confidentiality agreement generally includes terms such as confidentiality content, responsible subject, confidentiality period, confidentiality obligation and liability for breach of contract. Non-disclosure agreements can be divided into unilateral non-disclosure agreements and two-party confidentiality agreements. A unilateral non-disclosure agreement is an agreement in which one party unilaterally owes a duty of confidentiality to the other.
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It is as follows: The Labor Contract Law stipulates that after the dissolution or termination of the labor contract, the period of non-competition for the personnel specified in the preceding paragraph to go to other employers that are in competition 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.
Therefore, the part that exceeds the legal requirement is invalid, which means that the non-disclosure agreement is up to two years.
Also, do you see if there is a provision that requires you to pay a confidentiality fee while complying with the confidentiality agreement after you leave the company? If not, this article does not have any legal effect.
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This is a formal non-disclosure agreement. When applying for resignation, a separate "Declassification Agreement" shall be signed, stipulating the rights and obligations of both parties during the declassification period.
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Legal Analysis: Model Confidentiality Agreement Clauses: 1. Both parties shall keep confidential the contents of this agreement, the business, financial, technical, product information, user information or other documents or information marked with confidentiality (hereinafter referred to as "confidential information") obtained or received from the other party due to the performance of this agreement or during the period of this agreement, and shall not disclose it to any third party outside this agreement without the prior written consent of the disclosing party.
The Recipient may disclose the Confidential Information provided by the other Party to its employees who have a genuine knowledge necessary for the purpose of this Agreement, provided that it instructs its employees to comply with the confidentiality and non-disclosure obligations set out in this Section. The parties shall reproduce and use the Confidential Information solely for the purposes of this Agreement. 2. Unless the written permission of the other party is obtained, neither party A nor party B shall disclose the content of this contract and the commercial information of the other party obtained during the execution of this contract to any third party.
3. This confidentiality obligation shall remain effective after the expiration, rescission or termination of this Agreement.
Legal basis: Article 23 of the Labor Contract Law of the People's Republic of China The employer and the employee may agree in the labor 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.
What are the types of contracts that the company has to sign with its employees, and do they have to pay confidentiality fees?
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