Seek out sample labor contracts and confidentiality contracts suitable for the IT industry

Party A generally refers to the party that proposes the goal, and in the process of contract formulation, it mainly proposes what goal to achieve.

Party B generally refers to the party that completes the goal, and in the contract, it mainly proposes how to ensure the achievement and obtain benefits according to the completion.

In the process of the contract, Party A mainly supervises whether Party B fully meets its own needs in accordance with the requirements. After the execution of the contract, Party A generally needs to pay funds or other things to obtain what it needs for its own needs. In layman's terms, Party A is the one who contributes the money, and Party B is the one who contributes.

Recently, labor dispute cases have become one of the largest increases in civil cases. In the trial of labor dispute cases, the court found that some workers whose legitimate rights and interests had been infringed were in a passive position after the occurrence of labor dispute cases because they did not sign an employment contract with the defendant or the terms of the labor contract signed were unfavorable to them. In this regard, experts summarized several major precautions for employees when signing labor contracts.

Unsigned Contracts Prophetic Law.

There are many laws and regulations related to the protection of the legitimate rights and interests of workers in China, among which the "Labor Law of the People's Republic of China" and the "Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" are the most comprehensive and are the main laws regulating labor relations.

The form and content of the contract should be legal.

The contract should be made in at least two copies, one for each party. In terms of the content of the labor contract, the job seeker must first confirm whether the labor contract he has signed has the legally binding conditions, including: the employer should be a labor organization established in accordance with the law, be able to pay wages, pay social insurance premiums, provide labor protection conditions, and bear the corresponding civil liability.

Contract details scrutinized.

The labor contract should mainly contain the following contents: 1. The term of the labor contract; 2. Job content;

3. Labor protection and working conditions; 4. Labor remuneration; 5. Labor discipline; 6. Conditions for the termination of the labor contract; 7. Liability for breach of labor contract. It is necessary to carefully read the work description, post responsibility system, labor discipline, wage payment regulations, performance appraisal system, labor contract management rules and relevant rules and regulations for relevant positions, so as to be well informed.

There are many ways to get into disputes.

At present, there are many institutions and ways to resolve labor disputes. In the event of a dispute between the employee and the employer, the employee may apply to the labor dispute mediation committee of the employer for mediation. If no mediation agreement is reached or the employee refuses to mediate and requests arbitration, the employee may also directly apply to the Labor Dispute Arbitration Commission for arbitration.

If the employee is not satisfied with the decision of the arbitration commission, he can also file a lawsuit with the people's court.

I haven't signed up for the main test either, so I can't help you.

Hello! You file a labor arbitration at the labor bureau, and submit evidence that can prove that you work for the employer according to the principle of who claims the claim, such as an employment contract (you don't have a confidentiality agreement, you should have an employment contract). Otherwise, according to Article 82 of the Labor Contract Law, if the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

A pay slip, proof that the company pays you every month.

Go to the industrial and commercial bureau to print the account card of the employing unit.

Submit an arbitration application to the arbitration commission where the employer is located and fill in your claim.

Pay the insurance premiums and calculate how much it should be for yourself.

Withhold two and a half months of your salary.

If you do not sign an employment contract, you will be paid double your monthly salary in accordance with Article 82 of the Labor Contract Law.

If you can't recall the specifics of the NDA and don't think you've breached it, then you can leave it out at all, and the employer will have the burden of proof if they claim that you have breached the NDA. Naturally, the non-disclosure agreement will be taken out.

In addition, the travel expenses are sent by the company to other places on a business trip, and this part of the expenses should be reimbursed to you. Training fees are best if not involved.

The Labor Law stipulates that unless an employee has signed a confidentiality agreement or a training agreement, and the employee violates the two agreements, the employer shall not require the employee to bear liquidated damages in any form.

To sum up, prepare the above information and go to the labor arbitration commission for arbitration.

You go to the local labor bureau to complain, explain the situation, and ask the labor arbitration commission to give an objective and fair treatment.

First of all, the company is premeditated, and the travel expenses are paid out of their own pockets, so why should they pay for the business trip expenses out of their own pockets?

Second, although the evidence is on the company's side, the labor bureau can require the company to present evidence, but require you to confirm your handwriting on the spot.

Third, the confidentiality agreement is mutual, and the company has not found that you have disclosed the technical information and the content of the agreement stipulated in the confidentiality agreement; Moreover, the content of the agreement is clearly biased in favor of the company, and you should be required to keep a copy of the report; If the company does not give it to you, it means that there is a premeditation.

1. You need to collect evidence to prove your labor relationship with the company, if the salary is sent to the bank card, go to the issuing bank to adjust the transaction details, bank seal, and salary slips, work clothes, and work cards.

2. Do you want to figure out what exactly is the confidentiality agreement you signed? Is it a non-compete agreement or a training service agreement? If it is a non-compete agreement, the company should compensate you after you leave the company, and if it is a service period agreement for training, you can't bear all the costs spent on training, so it is definitely unreasonable to deduct more than 9,000 from you!

3. You can request the company to return your deducted wages in the application for arbitration, and at the same time pay you social security during your employment.

There is definitely no reason to detain the company, you only need to provide evidence of your labor relationship with the company, as for the rest must be proved by the company, the confidentiality agreement you said is also evidenced by the company, whether this agreement is reasonable and legal remains to be verified.

All you need to do is appeal to the company for deducting your wages.

1. The ID card or salary of the worker shall not be seized for any reason;

2. The severance required to be paid by the employee must be limited to the training fee actually paid by the company.

To go to labor arbitration, the following materials should be prepared:

1. Labor contract;

2. Salary income flow (bank printing is sufficient);

3. Details of the deducted wages;

4. The company does not provide recording evidence of the confidentiality agreement.

Requirements: Payment of deducted wages;

For reference, in fact, another way is to directly appeal to the labor inspection brigade and protect their legitimate rights and interests in accordance with the law, which will be faster.

According to Article 24 of the Labor Law, "the personnel subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employer", general salesmen do not need to sign a non-compete agreement, but can sign a confidentiality agreement.

The personnel who sign the confidentiality agreement are not limited by the confidentiality time, and they must bear the corresponding legal responsibility once the enterprise secrets are leaked.

The maximum time limit for those who sign a non-compete agreement is two years after leaving the company, and the original service unit shall give certain compensation during the restriction period.

Please note that a non-disclosure agreement and a non-compete agreement are two different concepts, but a non-disclosure agreement is usually attached to the non-compete agreement.

Legal analysis: If two or more parties need to enter into written documents after reaching an agreement voluntarily through equal consultation, there is no uniform format requirement, but it is generally necessary to write the personal information of the parties to the negotiation, the agreed matters reached through negotiation, the method and time limit for performing the agreement, the liability for breach of contract, and the signature and seal of all parties.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: When a party enters into a contract, it may be in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Hidden sail data messages that can be tangibly expressed by means of electronic data interchange, e-mail, etc., and can be accessed at any time, shall be deemed to be in written form.

There is no limit, the confidentiality clause is only for the company's executives or related technical personnel, you are only selling, not subject to the clause.

You must first confirm whether the actual controller of the two enterprises is the same, whether they are independent industrial and commercial registration, independent legal persons; Second, if you first sign a contract with the food company, and then actually work in feed sales, forming a de facto labor relationship, the company has the right to request to avoid non-competition, and it should be noted that the company must give you a certain amount of compensation in accordance with the Anti-Unfair Competition Law and the Labor Contract Law to prohibit you from entering the relevant industry, and the company must prove that your position involves trade secrets. But the most critical and direct thing is to give you a certain amount of compensation.

You wait, I'll send you back, remember to add it to me. Hehe. Drafted by our corporate lawyers. Absolutely.