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Not long ago, our company asked us to sign a confidentiality agreement. I signed too. Keeping the confidential information related to the company’s production secret seems acceptable to me! But clauses such as “employees who sign a non-disclosure agreement are not allowed to work for other companies that produce similar products or engage in the production of such products within three years after leaving the company” – do they seem a bit like unfair terms? Let’s share our opinions!
During these three years, the company should pay a portion of the confidentiality fee; otherwise it would be unfair.
Yes, the former is acceptable. The latter is indeed unfair, but in a small company, the proprietary technologies are held by just a few people, and it’s difficult for others to gain access to them. Therefore, I think that if you possess the company’s core technologies, there’s no need to change jobs, as the company already regards you as an important member of its team, so you don’t have to worry about your future prospects.
To survive, sign it—sign without hesitation
The provisions restricting competition with peers are not considered unfair terms, but on the condition that the company pays you corresponding fees within three years
These are indeed too aggressive—agreements on confidentiality can be signed, so shouldn’t there also be agreements to ensure the employees’ personal welfare? ——Moreover, it is stipulated that one cannot work for competing companies within 3 years after leaving. Since I leave, it’s usually because the salary offered by the employer is unreasonable; that’s why I quit. To tell me not to work in an industry I’m familiar with after leaving would be the same as trying to starve me to death. So, unless the employer offers fair conditions before I leave, my survival comes first – who cares about competition between companies? Such blatantly unfair terms are fine as a joke – signing a contract as a prank is no big deal. But if it really comes to that, who will care about him?
Nowadays, people’s awareness of the rule of law and standards is growing stronger. While using regulations to manage operations, companies also do not forget to employ legal tools to protect their rights to the greatest extent possible! It’s just that sometimes, those in a position of power, when they resort to legal means, forget the principle of equality for all; they only impose restrictions that benefit themselves, which is clearly unfair! Clauses such as \"Employees who sign a non-disclosure agreement shall not work for other companies that produce similar products to those manufactured by the company, nor engage in the production of such products, for three years after leaving the company\" can indeed be included in an agreement; however, signing such clauses comes at a cost, which is necessary to ensure fairness!
What’s said about the 6th floor makes some sense; signing such a contract is problematic. Similar issues have arisen in Haichuanli. As you mentioned, confidentiality agreements like this are clearly unfair and not in line with labor laws. Based solely on this introduction, it might be possible to ignore them. But for peace of mind, it’s advisable to seek advice. Who will take care of it when you leave? Unless you’re the sole holder of important confidential information, no one wants to go through litigation.
Although it’s an unfair clause, one still has to sign it in order to survive. As a vulnerable group, workers find it difficult to fight against companies. Most companies also acquire technology through purchases; there is mutual understanding between the two parties
Our leader quoted a saying: Life is like **; if you can’t change it, learn to enjoy it.
I also signed it, but this clause really doesn’t make any sense. In the chemical industry, it’s not possible to stop someone from working in this field; when things are broken down into more specific aspects, there will definitely be reasons for certain actions. Generally speaking, companies want to prevent employees from switching to competitors’ firms and taking their company’s secrets with them. .
The main concern is actually that you might take away clients as well as the core technical information. If you truly possess such information, switching to a competitor’s company would cause significant losses to your current employer, who would certainly take legal action against you; therefore, it’s better to be cautious. If the information you have isn’t that important, then you can simply sign the agreement – generally, no one will hold you accountable. Everyone in our company has to sign a confidentiality agreement.
Just sign it; it’s just a formality. It’s required by regulations – who can it stop? You still have to go through with it.
Before signing, one should consider the confidentiality fee; since one party has to assume responsibility, it is only fair that the other party provide compensation! :victory:
Clauses such as “one shall not work for another company that produces the same products as those manufactured by the company, nor engage in the production of such products, within three years after resigning” – how can you work at this company without signing such a clause? ? Chinese characteristics! What can you do without signing? ?
The subsequent clauses clearly violate the Labor Law!
After all, the number of people restricted by the subsequent clauses is small; very few people get to see confidential documents, and ordinary technologies are available everywhere. So this clause holds little significance for ordinary people – just sign it
Article 23 of the Labor Law stipulates that for employees who are subject to confidentiality obligations, the employer may include non-compete clauses in the labor contract or confidentiality agreement, and agree to provide the employee with economic compensation on a monthly basis during the non-compete period following the termination or end of the labor contract. If an employee violates the non-compete agreement, they shall pay liquidated damages to the employer as stipulated in the agreement. If the company does not pay a confidentiality fee after departure, there is no obligation to maintain confidentiality.
I also signed one; I didn’t even have time to read the contents carefully – I just wrote my name down with my eyes closed. It’s definitely an unfair clause that forces one to sign, otherwise the employment relationship will be terminated. I think the vast majority of people are forced to go along with it. At the beginning of last year, one of our mid-level employees refused to sign, and as a result he was fired. Ugh, what kind of world is this?:( After thinking it over, it might be better to go back home and work in farming. These days, there’s strong support for rural economic development, with many favorable policies available for engaging in breeding or farming – it’s not worse than working in an office, right? Which girl would be willing to go back with me to raise pigs? Send me a text message: lol :lol This post was last edited by lamb on 2008-2-4 10:56
It’s signed; there’s actually nothing that needs to be kept secret.:lol :lol :lol
Our current confidentiality fee is said to be 5 yuan per month,:'( :'( :Q I still haven’t seen where it’s specified! I really want to go home and feed pigs! I’d like to ask everyone: according to the agreement, if I violate it, based on my current annual income of 20,000 yuan, I would have to pay 1 million in compensation!:L :L :L If I don’t violate the agreement, I’ll receive a confidentiality allowance of 150 yuan per month for the first three years while feeding pigs! Do you think this is reasonable?:P :P :P