Speaking of non-disclosure agreements.
There seems to be a bit of an unfathomable taste of the grievances of the wealthy.
In fact. Ordinary workers.
It will also be related to non-disclosure agreements.
IT worker Xiaofu.
After leaving the job, the former owner claimed 100,000 yuan!
It's because of the signing of a non-disclosure agreement.
Today's "case-by-case".
Let's learn about it.
What is a non-disclosure agreement?
Will Xiao Fu be able to get out of this lawsuit?
Let's find out the facts of the case
In 2019, he and the company signed the "Changde ** Software Development *** Information Confidentiality Agreement", the contract stipulates the confidentiality clauses such as confidential information and corresponding intellectual property rights, and Article 15 of the contract stipulates that "if Party A (i.e. Xiaofu) violates any paragraph of this contract, it shall pay Party B a one-time liquidated damages of RMB 100,000".
In 2021, ** software company obtained a computer software copyright registration.
In 2023, Xiaofu will leave the company. Thereafter, the ** software company believed that the computer software used by a technology company in Guangzhou was the same or similar to theirs, and suspected that Xiao Fu had violated the confidentiality agreement by providing the computer software ** to the technology company in Guangzhou.
In 2023, ** Software Company applied to the Changde Labor and Personnel Dispute Arbitration Commission for labor arbitration, claiming that Xiaofu violated the confidentiality agreement and should be compensated with liquidated damages of 100,000 yuan. The Changde Labor and Personnel Dispute Arbitration Commission rejected the arbitration request of ** software company.
The software company then filed a lawsuit with the Wuling District Court.
What the judge said
According to Article 23 of the Labor Contract Law of the People's Republic of China, the employer and the employee may agree in the employment contract to keep the employer's trade secrets and intellectual property related confidentiality matters. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 stipulates that the persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who are obliged to maintain confidentiality. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations. After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years. As can be seen from the above two provisions, the employer may enter into confidentiality clauses with the employee related to trade secrets or intellectual property rights, and the employer shall pay the employee severance compensation on a monthly basis, and the employee shall bear the obligation of confidentiality to the employer.
In this case, Xiao Fu was temporarily unemployed after leaving the company, and there was no evidence to prove that he had violated the non-compete restriction, and the evidence submitted by the company could not prove that Xiao Fu had divulged the company's trade secrets or intellectual property rights. Therefore, the litigation claim of ** company for Xiaofu to pay liquidated damages has no factual and legal basis, and this court does not support it.
Verdict
The judgment rejected all the litigation claims of Changde **Software Development***
Attached: Relevant legal provisions
Labor Contract Law of the People's Republic of China
Article 23 The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.
For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.
After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years.
Article 25 Except for the circumstances provided for in Articles 22 and 23 of this Law, an employer shall not agree with a worker that the worker shall bear liquidated damages.
Civil Procedure Law of the People's Republic of China
Article 67: Parties have the responsibility to provide evidence for their own claims.
The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.
The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
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