Laborers who are engaged in the work of knowing the business secrets of the employing unit shall bear the obligation of confidentiality, and may sign a confidentiality agreement to stipulate the obligations of non-competition of laborers. In this case, it is legal to sign a confidentiality agreement. The company may sign a confidentiality agreement with employees, which is also binding on employees during the probation period, but the contents of the agreement shall not violate the mandatory provisions of laws and regulations. According to the law, employees can notify the employer one month in advance of their resignation. Companies that sign confidentiality agreements need compensation. The amount of compensation is not clearly defined, but it is subject to the agreement, but the basic principle should not be lower than the local minimum standard.

The effective elements of a confidentiality agreement usually include:

1, the effective existence of trade secrets;

2, the parties must have the corresponding capacity for civil conduct;

3. The intention is true, and there is no fraud, coercion, taking advantage of others' danger or obviously unfair's situation;

4. There is no violation of mandatory provisions of laws and administrative regulations.

The difference between confidentiality agreement and non-competition agreement;

1, different requirements.

The confidentiality agreement requires that the party signing the agreement shall not disclose the information agreed in the agreement to any third party.

The restriction of non-competition requires the contractor not to produce similar products, engage in similar business or have other competitive relations with the employer within a certain period of time after the labor contract is dissolved or terminated, nor to produce similar products or engage in similar business with the original unit;

2. The responsibility after breaking the law is different.

For the parties who violate the confidentiality agreement and cause serious consequences, China's criminal law stipulates the crime of infringing trade secrets.

If the laborer violates the non-competition restriction, he shall pay liquidated damages to the employer in accordance with the agreement;

3. The compensation after signing the contract is different.

After signing the confidentiality agreement, the employer will not give extra compensation to the signatory, and after signing the non-competition agreement, the employer should also agree to pay the economic compensation for non-competition to the employee when dissolving or terminating the labor contract, and the amount shall not be lower than the annual salary of the employee.

To sum up, employees who are engaged in the work of knowing the business secrets of the employer shall bear the confidentiality obligation, and may sign a confidentiality agreement to stipulate the employee's obligation of non-competition. In this case, it is legal to sign a confidentiality agreement. The company may sign a confidentiality agreement with employees, which is also binding on employees during the probation period, but the contents of the agreement shall not violate the mandatory provisions of laws and regulations. According to the law, employees can notify the employer one month in advance of their resignation. Companies that sign confidentiality agreements need compensation. The amount of compensation is not clearly defined, but it is subject to the agreement, but the basic principle should not be lower than the local minimum standard.

Legal basis:

Article 23 of People's Republic of China (PRC) Labor Contract Law

Obligation of confidentiality and restriction of non-competition, the employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.

For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.