Research On The Confidentiality Obligations Of Labor

Commercial secret is the enterprise to gain competitive advantages in the fierce market competition of the key factors, and the flow of the laborer to cause the risk of leakage of business secret, how to balance between protection of commercial secrets and the legal rights and interests of laborers is particularly important. China’s relevant regulations concerning confidentiality obligations scattered in the field of labor law, company law, anti unfair competition law etc. the provisions on confidentiality obligation nature, the main body and responsibility are messy, it is difficult to form a system of legislative understanding. For example, the confidentiality obligation is attached with obligations or contractual obligations? In addition, the subject of confidentiality obligations are also different, China’s “company law” regulation, company executives may not leak company’s commercial secrets, and labor contract law will executives into the body of the confidentiality obligations category, it’s caused the extensive debate that company executives whether belong to the workers, and extends to the judgment standard dispute for workers confidentiality obligations. Eventually lead to a breach of confidentiality obligations of infringement or breach of contract liability concurrence path selection problem.In view of the above problems, this paper discusses the nature of the duty of confidentiality of the workers, the identification of the company executives and the liability concurrence of violation of confidentiality obligations, combined with the legislative and judicial development status of our country in terms of the obligation of confidentiality, try to put forward some solutions, in order to protect the business secret and the legitimate rights and interests of workers. The main body of the article is divided into four parts.The first part: in this paper, three cases involving the field of labor law, company law, anti unfair competition law, which leads to the need to prove the issue of the article. These issues are the nature of the confidentiality obligation, the confirmation of the main body of the company executives, the coincidence of liability.The second part: this part mainly from the existing academic view of the obligations of secrecy elaborates the related contents of the duty of loyalty and shows the controversial nature of the obligations of secrecy.In addition, the part also includes the object of confidentiality obligations, the main scope of confidentiality obligations and the choice of the concurrence of liability.The third part: this part mainly embarks from two aspects of legislation and judicial practice: on the one hand, citing existing involving confidentiality obligation law, local regulations, departmental rules and regulations, reflect the situation of legislation of the obligation of confidentiality; on the other hand, the use of three groups of cases data directly show the judicial status of confidentiality obligation.The fourth part: this part is mainly combined with the former three parts about the problems existing in the obligation to keep confidential and legislative, judicial status quo, put forward the following suggestions: clear the criteria whether the departing employees has a confidentiality obligation, determine the labor law to adjust the scope of corporate executives, clear criteria to judge other workers with a confidentiality obligation, clear the path of the concurrence of tort liability and liability for breach of contract.