You must delete the files before leaving the job, and is it illegal to delete the files you made aft

For the company, when the employee deletes the relevant records, how to ensure that the company's confidential documents are not leaked, on the one hand, is for the deletion of different positions, such as more important positions, finance, and some core confidential documents management and other positions may need special treatment, but some necessary checks must be written into the contract in case of disputes in the future.

There are several ways to clear the privacy information of the computer, if you have other software that also contains personal privacy, you can check it again, because these information files are stored locally, so it will be a bit troublesome to deal with.

Of course, there are also some software data information that is directly saved in the cloud, we just log out directly, such as "wild onion screen recording", the recorded **are automatically saved in the personal cloud** library, as long as you log out, you can't find our** on this computer**.

Legal Analysis: If an individual's own file is deleted, it is not illegal. If the company's files are deleted and damage is caused to the company, then it may be suspected of "destroying computer information systems".

Where state provisions are violated by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information systems to fail to operate normally, and the consequences are serious, a sentence of up to five years imprisonment or short-term detention is to be given; where the consequences are especially serious, the sentence is to be five or more years imprisonment.

Legal basis: Labor Contract Law of the People's Republic of China Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failing to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

You should go to the labor administrative department to complain or apply for labor arbitration is the legal channel; Units that do not sign an employment contract are required to pay double wages as compensation. If you delete your job and do not cause any loss to the company, the company cannot hold you responsible, and I am the fault of the unit, you had better apply for labor arbitration and claim compensation for wage payment; If it is illegal, the project documents produced at the time of employment belong to the company and are the company's trade secrets, and cannot be deleted.

This has nothing to do with whether the parties have signed a confidentiality agreement in the employment contract, but a matter of personal professional ethics. If the company suffers losses due to the deletion of project documents by the parties, the company has the right to claim compensation from the workers. Attribution of trade secrets under the employment relationship:

Name of technical achievements: According to Article 326 of the Contract Law, the technical achievements belong to the unit, and the unit owns and exercises the right to use and transfer the technical achievements; The so-called job technical achievements refer to the technical achievements completed by performing the work tasks of the unit or using the material and technical conditions of the unit.

Ownership of non-post technical achievements: technical achievements are not directly related to the work tasks and responsibilities of employees, and are not completed by using the material and technical conditions of the unit, and are non-post technical achievements; Non-job technical achievements belong to individual employees, and their right to use and transfer belong to the individual who completes the technical achievements. Extended Information:

The purpose of the work handover is to keep the relevant work of the employer in an orderly and smooth manner, so as to avoid the situation that the relevant work before and after the replacement of workers cannot be connected, which will affect the normal production and operation.

The handover of work mainly includes the return of the company's property and materials. However, when an employee leaves the company, the law does not clearly stipulate it, and the two parties generally do not have a clear agreement when signing the employment contract. Especially when computer office has become a common way of working, there are even fewer regulations on whether the electronic data present in the computer should be used as the content of the handover.

In practice, disputes between workers and companies are difficult to avoid, as they always have different opinions on whether the handover procedures have been completed.

This kind of behavior is illegal, because deleting the company's internal documents is an infringement of the company's patent rights, and you are committing a crime to damage the company's reputation.

Personally, I don't think it's illegal, because deleting company files is also thinking that you don't want to have anything to do with the company, and it's also a very normal thing.

It's illegal because you've left your job and don't belong to the company's employees, and these documents belong to the company, and you have to hand them over and you can't delete them.

Before leaving the company, he used his position to delete the company's electronic data, resulting in a serious impact on the operation, which is a violation of production and operation, and constitutes the crime of sabotage of production and operation.

It is illegal to delete company documents because company documents belong to the company, not to you.

It is illegal to delete company information when leaving the company. There is a need to be liable for compensation and may also be sentenced

[Case Analysis].

Xiaoli is a curriculum design consultant of an education and training institution, and after working for a month or three, she had a dispute with her supervisor because of the course design problem, and left her job in the afternoon of the same day, and she had a revenge mentality when she leftAll of the company's online courses and related educational syllabus materials were deleted, resulting in the company's normal operation

The company was complained by customers that it was unable to take online classes, and the investigation found that the online courseware was deleted by Xiaoli, and the company spent 200,000 yuan to repair all the data and remake the course. The People's Procuratorate prosecuted Xiaoli for the crime of sabotaging production and operation

Processing Result

According to the relevant provisions of the Criminal Law, Xiaoli committed the crime of sabotaging production and operation and was sentenced to six months in prison, suspended for one year

The company also sued the court to require Xiaoli to pay civil compensation or bear relevant administrative liability.

If it's your personal files (you can delete them if they're not work-related), but if they're work-related, it's illegal for you to delete them.

If it causes serious damage to the company, then it is still a crime. So it is not desirable.

The act of destroying production and business operations by deleting or modifying computer data has violated Article 276 of the Criminal Law of the People's Republic of China, constituting the crime of sabotaging production and operation.

Malicious deletion of company documents and materials after resignation involves civil, administrative and even criminal liability.

1.Civil Liability.

Case 1: The employee was awarded 9,200 yuan for refusing to provide the computer password and deleting important documents.

At the time of separation, the employee is obliged to complete the handover formalities. Ms. Qiu, who works for a ** company, refused to provide the boot password of her work computer to her original company when she left her job, and deleted important files stored in the computer. The company had to hire a professional company to remove the password and recover the data.

The Shanghai Huangpu District People's Court ruled that Ms. Qiu should bear the cost of password unlocking and data recovery of 9,200 yuan.

2.Administrative Responsibility.

Case 2: A female employee was detained for 7 days after resigning and maliciously deleting company data.

The Beijing Morning Post reported that after only 20 days of work, Yang, a female typesetting writer, resigned and was rejected, and deleted most of the electronic data from the company's four internal computers. The reporter learned from Fengtai that Yang was administratively detained for 7 days for disturbing public order.

3.Criminal responsibility.

After the resignation of software engineer Xu, because the company failed to settle his salary as scheduled, he used the backdoor file he inserted in the design of ** to delete all the **source**. This prevents the ** from working properly. After identification, it directly caused economic losses of 10,000 yuan.

In the end, Xu was convicted of destroying computer information systems and sentenced to five years in prison.

Remind that it is just to protect your own rights and interests if you are treated unfairly by the company, but it is illegal to delete important documents of the company, and you will have to go to jail if you don't do it, so you should still go through formal channels to protect your rights.

It is not legal to delete the company's documents when you leave the company, but if the company documents are very important, you have no right to delete them, and if you delete them, the company will sue you.

When leaving the company, it is illegal to delete the company's documents, which are internal information of the company and cannot be deleted without the permission of the company.

Of course, this is an illegal act, of course, if the other party has no evidence.

If you delete the company's important documents at the time of resignation, causing economic losses to the company, it is an illegal act, and the company can claim compensation through litigation.

The best answer is definitely illegal, if the loss to the company is large, you have to eat official private, and you may go to jail. You're really a smart person who does stupid things, and you should pay the price of your impulsiveness.

If you delete a file that shouldn't have been deleted, the company reserves the right to sue you. You can delete your personal things in the computer when you leave the company, and if you are angry, it is best not to delete the company files.

When resigning, in accordance with the relevant regulations, it is necessary to do a good job of handing over the work, and to hand in the documents and materials that are useful to the company.

When you leave your job, you delete the company's documents, and you don't delete his confidential documents, besides, the confidential documents must be locked, and you can't delete them if you want to. Not illegal.

It's not illegal, and the files you handle should be deleted so that they don't leak secrets. Besides, you are not the only one who has the company's documents.

I don't think it's illegal to delete the company's documents when you leave the company, after all, if you have compiled these documents while you are working, then you have the right to delete them.

It must be illegal, and if the loss to the company is large, you will have to eat official and private interests, and you may go to jail. You're really a smart person who does stupid things, and you should pay the price of your impulsiveness.

As long as it causes losses to the company, it is suspected of violating the law. The company hires you to serve the company, and what you write or create for the company's service during your service belongs to the company and you can back it up, but you can't destroy it.

The use of files after backup should be strictly adhered to professional ethics and confidentiality agreements.

When you leave your job, if you delete the company's documents in the company's office computer, it must be illegal and you will be legally responsible.

Deleting a file is not illegal.

It's okay to leave the company, but you don't have to and are not allowed to delete the company's files at will, and you won't have to go to court.

Is it illegal to delete company files when leaving a job? This depends on you're deleting? If it is not illegal to delete it in your personal software and mobile phone, because you have already left the company.

Is it illegal to delete company files when leaving a job? If the company documents cannot be deleted at the time of resignation, they must be handed over to the next person, and as for whether it is illegal or not, it should not be illegal.

If it is an important document that causes losses to the company, it is illegal. If it's an insignificant document, it's fine.

Deleting company documents will bring difficulties or economic losses to the company's management, so it is illegal.

Moreover, it is also unethical.

Hello! If it is a malicious deletion of important company documents, then the situation is illegal, and the company can even sue the employee.

Is it illegal to delete company files when leaving a job? In general, I think it would be illegal to delete the company's documents if you leave your job, and if the company sues you.

No, these documents belong to the company.

Suppose you are the head of the department (assuming it is the boss, the meaning is the same), and your subordinate leaves the company and deletes all the information, resulting in the work of your department not being continued and connected, do you think the subordinate is acting correctly? Does the enterprise have the right to sue the employee if all the information is deleted, the resignation handover cannot be completed, or the handover is not in place, resulting in losses to the enterprise?

Yes, the materials made during the work are the results of their own intellectual labor, but this does not mean that the individual is the sole ruler of this achievement, and the enterprise has the right to use it, and has the right to continue to use it after the employee leaves, which is social common sense. Enterprises not only have the right to use, but if these materials involve confidential information of the enterprise, individuals are also prohibited from copying them, even if they are original to employees, and employees may be prosecuted if they copy such employee-created confidential information without authorization, which constitutes a leak of confidentiality. It is a legal obligation to keep trade secrets, and whether an enterprise has signed a confidentiality agreement with its employees must also abide by it.

Therefore, it is not right to delete the information when leaving the company.

It is legal and reasonable to copy the original materials of the individual at the time of resignation and retain the original to the company; However, it should be noted that these materials cannot involve commercial confidential information, and if they do, they can only leave with their memories and cannot take away the materials, whether they are paper or electronic, so as not to fall into the risk of leakage and avoid problems arising from work handover disputes.