Xiaomi fired three employees and declared that it would never be hired! LaborersBreach of confidentialityWhat are the possible legal consequences? Hot discussions, key analysis,Legal protection, professional support, life and work do not step on the pit.
Hot discussion
Xiaomi fires three people and never hires!
Recently, a large number of questions have appeared on the InternetMalicious leaks of Xiaomi carsand false rumours. Accordingly, Xiaomi issued a relevant statement, as follows: **zak**" employee Bao Moumou and "* buy a car" employee Guan Moumou intentionally did not intend to do so without permission when they signed the "Confidentiality Commitment" and knew the confidentiality obligations and corresponding penaltiesLeaking confidential filming content
After verification by the confidentiality management team of Xiaomi Group, the above two people have admitted itBreach of confidentialityacts. After communicating with their subordinates, we will pursue the two persons and their subordinates in accordance with the corresponding terms of the "Confidentiality Commitment" signed by both partiesLiability for Disclosure, including but not limited to:Public apologies and fines.
At the same time, the Xiaomi Automotive DivisionThree former employeesDuring their employment, Mr. Yu, Mr. Shi, and Mr. Zhang were engaged for the purpose of collecting "consulting fees".Participate without permissionThe so-called "Xiaomi Auto Seminar" organized by external securities firms and investment institutionsFabricating and disseminating a large amount of false and false information, seriously misleading the market and disrupting the normal business development of Xiaomi Auto. The above three employees are seriousBreach of the Employee Code of Conduct and the confidentiality obligations imposed by the Company, the company has made a decision on itDismissal will be processed and never hiredand pursue legal responsibility in accordance with the law.
Legal protection said
Trade SecretsIt is the intangible assets accumulated in the operation and development of the enterprise, and it is the core competitiveness of the enterprise. Only by enhancing the awareness of trade secret protection can enterprises develop efficiently and steadily and remain invincible in the fierce market competition. Therefore, more and more companies and workersSign a non-disclosure agreementHowever, driven by huge profits, there are always employees who take risks to violate confidentiality obligations and infringe on the company's trade secrets. So,What are the possible legal consequences for an employee to breach the confidentiality obligation? What can businesses do about it?
1. Termination of the labor contract
The confidentiality obligation is a legal obligation of the employee, and the enterprise can use it when the employee joins the companyA confidentiality clause or a separate confidentiality agreement in an employment contractThe confidentiality obligation of the employee may also be adoptedRules and regulationsClarify specific confidentiality matters, and note that the rules and regulations must be reasonable and legal, and go through democratic procedures.
At this time, if the employee still violates the confidentiality obligation, the employer may file a complaint with the employee for leaking confidentiality in accordance with the Labor Contract LawTermination of the employment contractand no financial compensation or compensation is payable.
2. Bear the liability for compensation
According to the provisions of the Labor Contract Law, the employeeViolationThis Law provides for the termination of the labor contract, orViolationThe confidentiality obligation or non-competition restriction stipulated in the labor contract causes losses to the employershall be liable for compensation.
If the employee violates the confidentiality obligation, the employer should pay attention to the lossCollection of evidence, may agree in advance in the confidentiality agreement that the confidentiality obligation is violatedThe content of the compensation and the calculation of the lossIt can also be used to make the expenses incurred by the enterprise to pursue the employee's breach of contractReasonable fees,For example, litigation fees, attorney fees, etc. are included.
3. Criminal liability
In accordance with the relevant laws and regulations, the following are availableInfringement of trade secretsOne of the acts is given to the right holder of trade secretsCausing significant losseswhere up to 3 years imprisonment or short-term detention is to be given, and/or a fine; causedParticularly serious consequencesshall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and shall also be fined
Obtaining the rights holder's trade secrets by theft, inducement, coercion or other improper means;
disclosing, using, or allowing others to use the rights holder's trade secrets obtained by means of the preceding paragraph;
Disclosing, using, or allowing others to use the trade secrets in their possession in violation of agreements or rights holders' requirements for the preservation of trade secrets. Acquisition, use, or disclosure of others' commercial secrets by clearly knowing or should have known of the conduct listed in the preceding paragraph is to be considered as infringement of commercial secrets.
To sum up, the consequences of the employee's breach of confidentiality obligation are still relatively seriousThey can range from dismissal to jail time.
Therefore,As a laborerLabor discipline and professional ethics shall be observedExercise due diligence in the exercise of confidentiality obligationsDo not divulge trade secrets for temporary gains; As an employer,Not only yetStrengthenSupervision of employees, but alsoStrengthenIdentification and management of confidential documents, as well as risk management of leaks to external persons or business activities.
More questions canConsult the legal affairs of Nanchang Legal Protection Network (Shouxin National Law)**to learn more about legal information and effectively prevent legal risks.