REGULATIONS ON AGREEMENTS TO PROTECT BUSINESS SECRETS AND LATEST TECHNOLOGY 2023
On November 12, 2020, the Ministry of Labor, War Invalids and Social Affairs issued Circular 10/2020/TT-BLDTBXH detailing and guiding the implementation of a number of articles of the Labor Code on the content of contracts Labor, Collective Bargaining Council and occupations and jobs that have adverse effects on reproductive and child-rearing functions.
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The 2019 Labor Code and Circular 10/2020/TT-BLDTBXH agree on the protection of business secrets and technological secrets which may include the following main contents:
- List of business secrets and technology secrets;
- Scope of use of business secrets and technological secrets;
- Time limit for protecting business secrets and technological secrets;
- Methods of protecting business secrets and technology secrets;
- Rights, obligations, and responsibilities of employees and employers during the term of protecting business secrets and technology secrets;
- Handling violations of agreements to protect business secrets and technology secrets.
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When discovering that an employee has violated the agreement to protect business secrets or technological secrets, the employer has the right to request compensation from the employee according to the agreement of both parties. The order and procedures for handling compensation are carried out as follows:
- In case the employee is discovered to have committed a violation during the term of the labor contract, it will be handled according to the order and procedures for handling compensation for damages specified in Clause of the 2019 Labor Code;
- In case an employee is discovered to have committed a violation after terminating the labor contract, it will be handled according to the provisions of civil law and other relevant laws.
For business secrets and technological secrets on the list of state secrets, comply with the provisions of law on protection of state secrets.
Thus, according to the regulations on agreements to protect business and technology secrets, when discovering that an employee violates the agreement, the employer has the right to request compensation from the employee according to the agreement of both parties. , for business secrets and technological secrets on the list of state secrets, comply with the provisions of law on protecting state secrets.
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