Law Lecture Hall: After The Termination Of Labor Relations, Workers Should Return Their Property.

A laborer occupies the property of a useful unit on the basis of performance of labor contracts. Labor relations After termination or dissolution, the employer can request workers to return on the basis of the labor contract, and may also advocate the return of workers based on the legal relationship of tort.

Yang went to a ship parts factory in January 2006 to engage in fire door production, the two sides' last labor contract to February 5, 2013. In 2007, the accessories factory organized and hired technicians to develop new product fire doors, and compiled a production guide book for fire door production, and drew a copy of the fire door drawings. In February 18, 2012, the fittings factory for the ISO quality certification annual audit needs, the two data to Yang custody.

In March 1st, Arbitral body Under the mediation, the labor relations between the two sides ended. Later, when the factory found that Yang had left the unit, he did not return the occupational safety guidance book and fire door drawings of the fire door. He repeatedly asked for the failure to take the case to the court. The court held that, during the period of labor relations, laborers should properly keep the property of the employing units, and should return the property voluntarily after the termination or termination of the labor relations. Litigation request 。

Because of the existence of two kinds of claims concurrence, the employer can exercise the option and return the property based on the labor contract. The dispute between the two parties is a labor dispute. The employer can apply for labor arbitration. If the infringement is the basis of the claim, the dispute between the two parties is a tort dispute, and the employer can directly sue the court.

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Xu has been fighting for more than ten years in the advertising media industry. He is also a senior advertising creative person. In October last year, Xu's A advertising company received another advertising plan for a famous brand of beverage, demanding that it be completed before the Spring Festival. When the project was carried out for more than a half, Xu was dug away by B advertising company with a high salary. Just as the advertising planning project of A entered the stage of customer audit, the advertisement of another brand beverage produced by B advertising company first launched into the media, and led to a good market effect, and the sales volume of beverage also increased steadily. A found that the advertisement planned by B company was exactly the same as the plan they were carrying out, so they thought of job hopping to Xu of B company. A believes that Xu has the obligation to protect the company's business secrets. Xu violated the confidentiality agreement and should compensate the economic losses caused by the company. Xu believes that A has not entered into a confidentiality agreement with him, so he does not have to fulfill his obligation of confidentiality.

Trade secret refers to the technical information and operational information that is not known to the public, can bring economic benefits to the employer, and is practical and secure by the employer. The twenty-third and 24 stipulations of the labor contract law stipulate that employers and workers can agree on confidentiality matters in the labor contract, and those who have the obligation of confidentiality may also stipulate articles of competition restriction. The confidentiality of business secrets is usually limited to the workers who hold the business secrets of enterprises. Generally, workers who are in managerial positions and technical posts are usually not allowed to disclose, disclose, lend, grant, lease, transfer, punish or assist third persons in committing a company's trade secret. However, in addition to the above-mentioned secret positions, the general employees who do not undertake the obligation of confidentiality are intentionally or unintentionally informed about the company's business secrets. Even if the parties have not agreed on the obligation of confidentiality, employees must have a faithful obligation to the enterprises based on the principle of honesty and credit, and they should still keep and use the trade secrets carefully.

Business secrets are created on the basis of direct regulation of the law. Therefore, no matter whether there is an express agreement between the two parties, employees should bear the obligation of keeping business secrets after serving and leaving. That is to say, the obligation of confidentiality is not exempt from termination or termination of labor contracts. Although Xu and A have rescission of the labor contract, Xu should take the obligation of confidentiality as long as he knows the advertising plan is still in the open stage. Only this plan is announced by A company. It is known to everyone that it is not a commercial secret.

The ninetieth provision of the labor contract law stipulates that if a worker violates the obligation of confidentiality and causes losses to the employer, he shall be liable for compensation. The twentieth provision of the anti unfair competition law stipulates that a worker who is in breach of the confidentiality stipulated in the labor contract causes damage to the employer, shall be liable for damages, and the loss of the employer is difficult to calculate. The amount of compensation shall be the profits gained by the infringer during the infringement period, and the employer shall bear the reasonable expenses paid by the employer for investigating the incident.