Mr. Li asked: My profession is a chef. The hotel where I work suddenly requires a confidentiality agreement. The agreement includes no longer using the same ingredients or recipes as the store after leaving the job. Can I not sign it?
Lawyer Qin Xianda answered: According to the Labor Contract Law, employers and workers may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. For workers who are obliged to keep confidentiality, the employer may agree with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the employee will be given financial compensation monthly within the period of the restriction of competition. If a worker violates the agreement on the restriction of competition, he shall pay the employer a penalty for breach of contract in accordance with the agreement.
Therefore, if the employer requires you to fulfill the relevant confidentiality obligations after resigning, he shall pay corresponding compensation. In practice, economic compensation is generally paid monthly for 30% of the average salary in the twelve months before the termination or termination of the labor contract. This compensation is a statutory obligation. If the confidentiality agreement does not stipulate compensation or the company does not actually pay compensation, you may not have to fulfill the obligations of the agreement, which means it is deemed invalid. You can choose whether to sign the agreement.
Duty lawyer: Qin Xianda18977115335
This article is originally produced by Nanguo Morning Post. Please do not reprint it on any channel or platform without permission. Violators will be prosecuted.
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