What is the secret off during the

The so-called "decryption", as the name implies, is no longer in contact with the business secret. Unit of choose and employ persons by agreement, require employees to leave in advance notice of the employer, in the staff notice employer, must also for the employer to work for a certain period of time, the expiration of the period, the employee can formally turnover, in this period of time after the notice, the employer can staff will be transferred to no confidential departments, to ensure that employees will no longer new business secrets, so it is called "the advance notice period". This system is designed and timeliness of commercial secrets based. Commercial secrets that employees in the secret service process, may be in close off the open, thus no longer is a commercial secret, even if is not open, because the employer's business development, in the period from secret inside certain there will be new commercial secret, the new business secret when but more valuable, the original business secret in secret off period reduces the value, even if they are leaked, the employing units to cause excessive economy does not also.

Competition restrictions article is the employer of their conservative commercial secrets of a measure, namely the employer by the labor contract or confidentiality agreement, not be competitive with the employer enterprise employees in agreed after a period of time. This is a commercial secret was not competitors know. In this mode, the staff in the limitation period is not the employer employees, between it and the employing unit of labor contract termination or cancellation. Prohibition of business strife obligation is based on the labor contract have not yet been failure or confidentiality agreement signed a confidentiality clause. But in secret off period, the employee employing units and the labor contract has not lifted, the labor relationship still exists, employees must comply with all the rules and regulations units, only to leave can contact the Department of commercial secrets. This is the difference between the two kinds of system in the .

As the competition restriction provisions, the decryption time arrangement is also agreed to set up. And there is also a time limit.

In 1996 the Ministry of Labor issued the "notice" on the flow of enterprise employees of several questions, the notice stipulates that the second:

"The employer and employee trade secret master agreed to keep the business secrets related matters in the labor contract, agreed to terminate the employee can be before or termination of a labor contract after a period of time in the labor contract (no more than six months), adjust their jobs, change the labor related content in the contract". "Regulations" Shanghai labor contract stipulates that the fifteenth : "responsible for the conservative commercial secrets of the employer employee labor contract obligations, the parties may rescind the labor contract workers require advance notice to period in the labor contract or confidentiality agreement, but the advance notice period not exceeding six . During this period, the employer may take corresponding measures off." According to the above provisions, decryption period shall not exceed six months. This is the period of restriction of competition is much shorter, the competition restriction shall not exceed three years. This is because, in the competition restriction period, has no labor relation between the employee and the original employing unit, can establish the labor relationship with other employers, remuneration. But the period from secret, in the secret off period, the employee employee identity remains unchanged, labor relations, still, can not establish a working relationship with other employers. To prevent commercial secrets that company employees, employees in the decryption period often nothing, will cause a great waste of human resources . In terms of quoted above, also mentioned the decryption. Decryption is the employer may take in the period from secret within the business secret protection measures. The purpose is to reduce the staff has been informed of the commercial secrets of the trade secret further contact business opportunities. Generally speaking, take the employer measures are the employees out of confidential departments, change the labor contract. Of course, also can use other measures, as long as it does not violate the provisions of the law (for example, can not take the method of restricting freedom of the person etc.), the employer may take any measures to keep the commercial secrets of his.