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Anonymous users2024-02-12Labor Contract Law
Article 23 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.
Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. 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.
This kind of confidentiality agreement is directly invalid, first of all, there is only a two-year period, and you must pay monthly economic compensation within two years, but you can't do a new job in competition, you can do other industries, and you must also pay you monthly financial compensation if you do other industries.
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Anonymous users2024-02-11The non-compete period shall not exceed two years, and there is no agreed period of up to two years, and if you need to compensate for the expenses during the non-compete period, you can refer to more than 30% of the usual salary, if you are not given, you can claim compensation from him in the first option, and sue if not. The second option is that you don't have to advocate for him, and you don't have to abide by the non-compete agreement, and you can go to work wherever you want.
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Anonymous users2024-02-10Without financial compensation, non-disclosure agreements are null and void.
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Anonymous users2024-02-09The provisions of the confidentiality agreement are lawful, and you fulfill the confidentiality obligations during and after your employment.
However, if you have not signed a non-compete agreement with the company, and the company has terminated the employment relationship with you without other violations, the company may not be required to pay economic compensation.
It is recommended that you have a detailed understanding of the concepts and applications of confidentiality agreements, non-compete agreements, and severance payments for illegal termination of labor contracts.
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Anonymous users2024-02-08Financial compensation must be paid, otherwise the non-disclosure agreement is null and void.
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Anonymous users2024-02-07Legal analysis: The confidentiality agreement usually stipulates that the recipient may disclose the confidential information to the recipient's internal personnel who really need to know the confidential information for the purpose of promoting the cooperation project between the two parties, and shall not disclose the confidential information to any third party. However, if the investor hires lawyers, accountants and other intermediary personnel to participate in the project investment, such personnel cannot be included in the above-mentioned scope of persons who are allowed to disclose.
Legal basis: Article 501 of the Civil Code of the People's Republic of China The trade secrets or other information that should be kept confidential that the parties learn in the process of concluding the contract, regardless of whether the contract is established or not, shall not be disclosed or improperly used; Where the trade secret or information is leaked or improperly used, causing losses to the other party, the other party shall be liable for compensation.
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. >>>More
The connotation and extension of confidential information. How is confidential information constituted in a non-disclosure agreement? Is it all and all information obtained from the disclosing party before and after the conclusion of the agreement? >>>More
The background of the agreement is that with the development of the international market and the improvement of the degree of liberalization, the implementation of animal and plant quarantine systems in various countries has an increasing impact, some countries, especially some developed countries, in order to protect their own agricultural and livestock product markets, the use of non-tariff barriers to prevent foreign countries, especially developing countries, agricultural and livestock products from entering their own markets, of which animal and plant quarantine is a highly concealed technical barrier measures. Due to the fact that GATT and TBT are not binding enough on animal and plant sanitary measures, and the requirements are not specific, for this reason, in the Uruguay Round negotiations, many countries proposed to formulate the SPS agreement, which puts forward specific and strict requirements for animal and plant quarantine in the international **, and it is the product of animal and plant quarantine work infiltrated by the principles of the WTO agreement. The main content of the SPS protocol: >>>More
Legal Analysis: Oral agreements are also an important form of expression in the form of contracts. An oral agreement is a type of agreement, but it has its very obvious limitations, it refers to an agreement reached orally without writing form, and this kind of agreement generally has legal effect. >>>More
Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service. >>>More