Luat Viet

:: Question :: Our company is a listed company on Hanoi Stock Exchange. During our operation, we have technological and business secrets needed to secure absolutely. However, a number of staff who no longer works for our company has known such confidential information. Thus, what should we do to force such staff to keep confidentiality?

Answer:

In principle, when a staff and your company sign a labor contracts, a labor relationship between the employer and the employee will arise. At that time, all rights, duties and responsibilities of the staff in your company should comply with the applicable laws, internal regulations of management of the company, internal labor regulations, the collective labor agreement (if any).
However, the termination of the labor contract also means that the labor relationship between your company and that staff is ended. Now, the relationship between the parties (if any) is purely a civil relationship and governed by the civil law.
The Labor Code regulates that employees working in an enterprise have responsibilities for protection of the property, technological and business secrets of the enterprise. If an employee commits an act of disclosure of technological and business secrets, he/she will be applied dismissal as a disciplinary measure (according to Article 85 of the Labor Code).
In addition to that, Article 129 of the Labor Code regulates that an employee with highly specialized skills and technical qualifications who discloses technological or business secrets shall be liable for payment of compensation for incurred damages.
To control and bind liabilities of the employees on securing business secrets of enterprise after they stop working for your company, your company is able to sign an information security undertaking with your employees. Such undertaking should contain provisions on absolutely securing technological and business secrets after the termination of the labor contract and a level of compensation for incurred damages in case employees commit a breach. This shall be considered as a civil agreement and able to bind the liabilities of the employees upon their leaving.
 

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