Pussy. Lady Boss - electronic female magazine. How to save firm from the unfair employee

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Barbarian Diordieva - the lawyer, an analyst.
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The business and business

How to save firm from the unfair employee

Any head knows, that one of the major stages of creation of business is personnel selection - formation of a reliable command of adherents. But in modern conditions of business dealing and the most severe competition existing in the market quite often there are situations when it is necessary to protect not the worker from the employer as it was in the beginning of 90th of, and, on the contrary, the organisation from the worker.

Let's consider a situation:
The expert to whom you have given the chance to it to get professional skills works for you and to become the qualified expert. He has had time to prove as the fine worker, but unexpectedly informs on the dismissal. After its leaving, you find out loss of the important documents of the company and learn, that your employee safely continues work with your clients in other organisation.

Yes, the situation looks not so pleasantly, and, the main thing if you have not provided it in advance to change already anything it is impossible. After all to defend the rights in judicial instances it is possible only, having documentary acknowledgement of infringement by the employee of firm of the obligations. Such acknowledgement are internal certificates of the company: the Labour contract (contract), the Duty regulations, Position on a trade secret, the Agreement on trade secret nondisclosure, Position on an operating procedure with clients, the Instruction on office-work, etc.
But to provide protection of the organisation against the unfair worker, the listed documents should contain following positions.

The labour contract (contract) - the name of a post of the worker, structural division, the address of a constant place of work, working hours, the rights and duties of the parties, a responsibility of the parties, conditions about trade secret nondisclosure, a duty of the worker to sign the Agreement on nondisclosure of a trade secret which is an integral part of the labour contract (contract).

Duty regulations - the post name, the name of structural division, official duties and responsibility of the worker.

Position about a trade secret:
- Principal view of activity of the organisation;
- The information making a trade secret of the organisation;
- The name of structural divisions and posts which have access to the information making a trade secret;
- The period of nondisclosure of the information concerning a trade secret, after cancellation of the labour contract;
- Responsibility for information disclosure;
- Conditions and an order at which the information is subject to disclosure.

The agreement on trade secret nondisclosure - the name of a post, structural division, the information making a trade secret, responsibility, term of nondisclosure of the information. The agreement is an integral part of the labour contract (contract).

The instruction on office-work:
- Order of registration and outcoming documents registration;
- Incoming documents procedure for registration;
- Order of the conclusion of contracts with clients of the company;
- Document circulation in a society (office, official and explanatory notes);
- Responsibility.

Responsibility of the worker before the employer within the limits of labour relations is possible only material and disciplinary. The disciplinary responsibility is imposed on the worker in the form of remarks, reprimands or dismissal on corresponding bases. The liability arises at the party of the labour contract which have caused a damage to other party. Such responsibility can be concretised the parties on the basis of bilateral written agreements. The limit of a liability of the worker is average monthly earnings.

But if the legal body (employer) enters into the agreement on nondisclosure of a trade secret with the former worker - the physical person, position of the labour code about a limit of a liability of the worker will not extend on the given agreement. In this case the physical person bears responsibility according to the civil legislation. As for illegal disclosure or use of the data making a trade secret, the guilty person bears responsibility according to the criminal legislation. Thus the burden доказывания a damage and losses is assigned to the organisation. That there were no questions at issue at definition of the size of a damage and losses, in the agreement with the worker it is necessary to describe, that each of the agreement parties means by concept "a damage and losses".

The labour contract (contract) and the agreement on trade secret nondisclosure subscribe the worker and the employer, and the worker should be acquainted with other documents in writing.

* * *

Employing new employees, we recommend to acquaint them with the internal documents of the company set forth above before signing of the labour contract (contract). If in the organisation of similar documents is not present, they are necessary for developing, confirming the order and to receive written acknowledgement on acquaintance of the worker with them. But it is necessary to consider, that the positions containing in documents, protecting your rights, should not contradict the legislation of the Russian Federation, therefore in order to avoid similar discrepancies for working out of internal documents it is necessary to address to experts.