下载后会有风险提示） (There will be a risk prompt after downloading the blue font in the text)
： Party B :
According to the "Confidentiality System" and relevant national and local government regulations, both parties A and B shall protect the interests of Party A and ensure Party B's professional ethics and conduct under the principles of equality, voluntariness, consensus, and good faith. Party A's trade secret confidentiality matters reached the following agreement:
Employers have the right to take measures to protect trade secrets, but they must pay attention to the infringement of the workers' legal rights when entering into confidentiality agreements. Workers have freedom of choice of employment, but they must not damage the employer's trade secrets when exercising their rights. As with other agreements, confidentiality agreements must first follow the principles of fairness and equality before they have legal effect, otherwise the agreement is invalid.
The first secret message
1. Party A's major decisions;
2. Party A's business strategies, business directions, business plans, business plans, business projects, business decisions, etc. that have not yet been implemented;
3. Contracts, agreements, letters of intent and feasibility reports and important meeting records held by Party A;
4. Party A's financial budget and final accounts report and various financial vouchers, accounts, statements;
5. Party A's statistical statements and audit reports;
6. Party A's staff files, salary and labor income data;
7.Other matters determined by Party A that should be kept secret: Party A's technical solutions, planning and design, manufacturing methods, formulas, technological processes, technical indicators, computer software, databases, technical reports, test reports, drawings, samples, operation manuals, Technical documents, customer lists, marketing plans, procurement information, pricing policies, correspondence related to purchase channels, etc.
Article 2 Confidentiality
1. The research and development results and technical secrets held by Party B before the labor contract period are used by Party A with the agreement of both parties;
2. Party B's work inventions, work achievements, research and development achievements and patented technologies during the labor contract period;
3. Party B's existing trade secrets before the labor contract period;
4. Party B's business secrets owned by Party A during the labor contract period.
Article 3 Duration of Confidentiality
Many companies usually agree that the confidentiality period is during their tenure and 2 to 3 years after leaving the company. Such an agreement will cause misunderstanding to employees-that is, after 2 to 3 years after leaving the company, trade secrets can be disclosed or used. Such an agreement is Not advisable. Therefore, the enterprise should make an agreement differently, and keep the confidentiality period of the trade secrets as the "until the confidential information enters the public domain through normal channels", without making a specific term agreement; for general confidential information, two years should be agreed Or 3 years confidentiality period.
1. During the labor contract period;
2. Party A's patented technology was not known to the public during the period.
Article 4 Liability for breach of contract
According to the Labor Contract Law, except for two cases where employees violate the terms of the training service period or violate the restrictions on competition, the enterprise shall not agree with the employees on the clause that the employees shall bear liquidated damages. Therefore, the confidentiality agreement must not stipulate that employees should pay liquidated damages when they disclose the company's trade secrets, and can only require employees to compensate for the losses caused to the company.
1. During the term of the labor contract, Party B violates this agreement, although it does not cause Party A's economic losses, but causes trouble to Party A's normal production and operation activities.
2. During the term of the labor contract, if Party B violates this agreement and causes slight economic losses to Party A, Party A may terminate Party B's labor contract;
3. During the term of the labor contract, if Party B violates this agreement, causing Party A to suffer large economic losses or Party A to cause significant economic losses, Party A shall release the administrative penalty imposed by Party B and add compensation for economic losses. If it constitutes a crime, appeal to the people's court , To investigate Party B's criminal responsibility according to law;
4. If both parties A and B perform disputes and breach of contract due to the implementation of this agreement, and the enforcement of their responsibilities exceeds laws, regulations, and the power is given to both parties, they may apply to the labor arbitration institution where Party A is located or appeal to the people's court.
Article 5 Others
This agreement is made in two copies, each of which is held by Party A and Party B, and will take effect on the date of signature and seal of Party A and Party B.
year month day
year month day