The human mind has to quit moving the end of season, took a lot of year-end career began calculating dividends on and find another job. The consultation found an alternative switch to also take the opportunity to quietly perform: to rival companies to work "undercover" experience in intelligence gathering. Experts said, the reality version of "workplace Infernal Affairs" higher risk, ranging from damage to reputation, while in conflict with the law.
Staff: "the boss sent me to do it undercover."
"The boss sent me to the rival company to do undercover." Ming the staff of a company (a pseudonym) recently received a special mission boss layout: Apply a major rival's manager positions. Boss promised, after three months, Zhang returned to the original company will receive incentives such as promotion and a raise. During this time, Zhang not only receive the wages of rival companies, the original company will remain to him a monthly salary. "The boss told me clearly, I went to the main rival companies to understand the operation and management mechanism, with experience coming back, do not dry things stolen trade secrets."
According to the plan, to the competitors, all the formalities in accordance with the formal entry, three-month trial period, Zhang can provide a treatment of the other party can not accept requests to be dismissed and then back to the original company. A friend suggested that I: If the companies go well, will simply jump ship; if there are good escape route, it was great! But Zhang was quite hesitant, "Business is war, after all, not good when the undercover agent."
Manpower Department: Undercover behavior easy
"This undercover act, in very easy in operation." A unit personnel department 鐨?explicitly Biaoshi hiring manager, the company is willing to hire a rival company's employees, "Yin Wei Xiang Si company size, switched employees will soon get started." But as avoid risks, the company generally and management, research and development and other key personnel sign the agreement, the provisions of a number of years employees leave the industry can not compete in the same office. According to the human responsible person said that the specific number of years not in the same profession of office, you will need and the staff will negotiate, "There are no legal provisions in this regard."
Human experts: undercover acts detrimental to the industry's reputation
Zhaopin senior career counselor, said Hao Jian, Zhang Ming's "undercover" mission is not isolated cases, but in this competitive environment, the development process, product strategy, management and so is no longer secret at all. But Zhang is likely to itself in this awkward situation: the new company hired Ming, may want to learn from his old club mouth movements, he actually has been reduced to pieces old and new companies.
"Fortunately, if the number of industries and enterprises - more than the company's inaugural experience will enhance their own productivity; but if a few within the industry, to do so will certainly affect his reputation in the industry." HAO confirmed, "Labor Law" provides , the labor contract the parties may agree in the labor contract conservative employers on matters related to business secrets, "the company's current" non-compete agreement "generally agreed upon period of 3 years, the competition for this industry to pay compensation to people generally do this before leaving three percent a year salary to half. "
Legal Expert: Undercover trade secret infringement
Beijing Yue Cheng Law Firm labor and personnel aspects of any lawyer that: "As long as the rights are not open to the public and can bring economic benefits, including the company's internal management and operation mechanism and so belongs to the entity's trade secrets. Ming do is a violation of "anti-unfair competition law". "refused to pay compensation if the original owner, Zhang prior agreement with the original owner prior law allowed itself because of lack of legal protection, which can not recover their hard-earned money.
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