1. Are employees compensated for the confidentiality agreement signed when they resign?
After resigning normally, I signed a confidentiality agreement with compensation. 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.
2. Can I refuse to sign a confidentiality agreement after leaving my job?
Of course. There is no law, resignation must sign a confidentiality agreement. According to Article 23 of the Labor Contract Law, the employer and the employee may agree in the labor contract to keep the business secrets of the employer 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.
3. Will employees be held accountable for violating the confidentiality agreement?
If an employee violates the confidentiality agreement, the employer may require the employee to bear the responsibility for violating the confidentiality agreement. If the confidentiality agreement stipulates liquidated damages, the employer may require the laborer who violates the confidentiality agreement to pay the liquidated damages. If the liquidated damages are abnormally high or low, both parties may request an appropriate reduction or increase. Employers can also choose to require employees to bear tort liability for compensation for losses. However, the liability for breach of contract and tort liability cannot be applied at the same time, and the employer can only choose one. Administrative Responsibility According to the provisions of the Anti-Unfair Competition Law, the administrative department for industry and commerce has the right to order to stop the illegal act according to law, and may impose a fine of 1 10,000 yuan but not more than 200,000 yuan according to the circumstances. At the same time, the administrative department for industry and commerce may also order the infringer to return the drawings, software and other relevant materials containing trade secrets to the obligee or destroy them. Criminal Responsibility According to the relevant provisions of the Criminal Law, anyone who commits one of the following acts and causes heavy losses to the holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined. If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The above gives you a detailed introduction about whether the confidentiality agreement signed by employees is paid or not. If an employee leaves his post and enters into a confidentiality agreement, both parties may stipulate corresponding compensation in the confidentiality agreement. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.