Training confidentiality agreement
Party a xx co., ltd. party b
Unit address xxxxxxxxxx Legal representative of current residence xx
Since Party B participated in the pre-job professional training organized by Party A from to, Party A hopes that Party B can effectively protect the relevant information provided by it.
Therefore, based on the principles of voluntariness, equality, honesty and trustworthiness, and in order to keep Party A's relevant project information, business plan and technical secrets, both parties hereby conclude the following terms of the agreement:
Rule number one. The confidential information referred to in this Agreement refers to the training materials that Party A taught to Party B in the form of oral, written or electronic documents during Party B's study and training, as well as other project information, management plan, technology and other information that needs to be kept confidential.
Party A enjoys the ownership of confidential information.
Party B agrees to accept the confidential information publicized and released by Party A in the form of training lectures or training materials, and promises not to disclose the confidential information of Party A to any third party other than Party A and Party B while taking strict measures to protect the confidential information of Party A..
Article 2. Party B's possession or preservation of all documents, materials, charts, disks and other forms of carriers that record Party A's confidential information shall be subject to Party A's consent, otherwise, regardless of whether the confidential information has commercial value, it shall be owned by Party A..
Article 3. If Party B violates the above terms, causing serious consequences and damaging the rights and interests of Party A, Party A will investigate its liability for breach of contract according to law. Article 4. This training confidentiality agreement shall be valid within 180 days from the date when Party B signs it. ..
Party A:
Person in charge of the unit (signature)
Party B (signature)
Date of signing confidentiality agreement.
Other relevant precautions:
1, in writing
Although neither the Labor Law nor the Labor Contract Law stipulates that the confidentiality agreement should be in written form, from the perspective of regulations and evidence, it is suggested that both parties to labor relations should be in written form, which makes it easier to resolve disputes.
2. Follow the principle of fairness
Article 5 of the Contract Law stipulates that the parties shall follow the principle of fairness and determine the rights and obligations of each party. Confidentiality agreement, like other agreements, must first follow the principle of fairness and equality before it has legal effect. Reasonably determine the subject, scope and duration of confidentiality obligations.
3, clear the scope of confidentiality
According to the Labor Contract Law, the object of confidentiality is confidential matters involving trade secrets and intellectual property rights. The so-called business secret refers to information and technology that has commercial value, can not be disclosed or leaked in the process of economic exchanges within a certain period and scope, can bring economic benefits to enterprises and institutions, and adopts confidentiality measures. Trade secrets have different standards in different times and regions. One unit is a secret in one place, but not necessarily a secret in another. Therefore, when agreeing on confidential content, we must be clear about the objects that need to be kept confidential.
4, clear confidentiality period
Although the obligation to keep the company's business secrets is not exempted from the dissolution and termination of the labor contract, it is best to agree on the starting and ending time of the confidentiality obligation, because the business secrets have expired, been made public or been eliminated. Note that the disclosure of confidential contents by the confidential subject under special circumstances such as employer authorization, judicial investigation or personal study and research is not considered as breach of contract.
5. No liquidated damages shall be agreed.
According to the labor contract law, the confidentiality agreement shall not stipulate liquidated damages. For those who violate confidentiality, they can only ask the responsible person to compensate for the losses, and can't agree on liquidated damages, otherwise the agreement will be invalid. The former Ministry of Labor's Measures for Compensation for Violation of Labor Law stipulates that if a worker violates the confidentiality agreement and causes losses to the employer, he shall pay compensation to the employer in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law, that is, if the operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests. If the legitimate rights and interests of the infringed business operators are harmed by unfair competition, they may bring a lawsuit to the people's court.