Which employees should sign confidentiality agreement in China?
June 15, 2009 · Print This Article
According to Article 6 of “Several Opinions on Strengthening Management of Technical Secrets” promulgated by Ministry of Science and Technology, in accordance with the provisions of relevant laws, enterprises and institutions may sign confidentiality agreement with the scientific and technological personnel, administrative staff, and employees who may be aware of the technical secrets.
In general, employees that should sign confidentiality agreement include:
1. Senior R&D staff, technicians and management personnel, who may hold the core technologies of enterprises, or take charge of management work, or control the critical business information. They are the major group for signing confidentiality agreements.
2. Technical support staff and skilled workers in key posts. Although they are not the crucial group, they may also come into contact with the core technologies, which make it necessary for them to sign confidentiality agreements.
3. Market planners and sales staffs, who are the undertakers of business decisions. Since they know about the marketing plans and customer lists, enterprises shall sign confidentiality agreements with them.
4. Accountants, secretarial staff and security personnel, who may know about the commercial secrets because of their posts. If they do not sign confidentiality agreements, they may disclose the secrets intentionally or unintentionally.
Content and form of secrecy agreement
According to the principle of justice, equity and negotiation, secrecy agreement should include the following contents such as scope and content of secret, rights and obligations of each party, period for guarding secret and liabilities for breach of contracts.
Form of agreement is shown as follows:
The agreement between employer and employee is to keep business secret.
1) Due to the working requirements, employee is permitted to obtain business secrets relating to job, including…. Meanwhile, employer is responsible for professional and technical training. Employer should give an honor if employee makes a contribution to keep business secret.
2) Employee should safeguard the interest of enterprises and　consciously and strictly abide the secrecy regulation.
3) Employee is not allowed to divulge business secret to any units and individuals.
4)Employee is not allowed to use business secret for personal interest.
5) Employee is not allowed to occupy the business secrets obtained from work or R&D, and related documents, blueprints and samples should be archived instead of keeping privately.
6) The permission of employer is necessary if employee is going to stop the employment contract. All the business secret documents should be transferred to employer. Meanwhile, employee has the obligation to keep business secret and will not engage in any job relating to the business secret of former employer within three years.
7) Both employer and employee should follow the agreement, and if one breaches the agreement, the other is entitled to investigate the responsibility of breach agreement and require compensation for economic losses.
The agreement will come into force from the date of signing.
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