Unit of choose and employ persons and employee can agree in labor contract already confidential clause, also can conclude technical confidential agreement. But no matter choose why to be planted means, ought to adopt the written form that take as one's model decides, accomplish a clause clear, clear.

1, follow fair principle, the interest of both sides of give attention to two or morethings. Our country " labor law " the 22nd regulation: Labor contract party can agree in labor contract business of unit of conservative choose and employ persons concerns item secretly, this is labor conclude in the domain the legal basis of confidential agreement. " contract law " the 5th regulation: Party ought to abide by fair principle to determine each square right and obligation. Like keeping secret the agreement follows other agreement, must follow fair, equal principle above all, just have legal effectiveness.

2, specific confidential limits. The different period of different company and same company, holds commercial secret is different, keep secret in the agreement when content, wait for the object with confidential need, limits, content and deadline to come down clearly without fail. In addition, have positive result of company intangible assets and worker individual labor when commercial secret when dualism is qualitative, for example the process designing that personnel of technology of company of the originality job of personnel of ad company plan, IT finishs, database, ought to does special attention make clear its property to belong to individual copyright or company business secret? Whether should party assume confidential obligation.

3, clear confidential principal part and confidential and voluntary time limit. Eliminate confidential post and technical post beyond close post of these two kinds of experience, general staff (the personnel that includes not to assume confidential obligation) intended in the job or learn innocently when the business of the company is private, also should include the range of confidential main body, assume confidential responsibility; Mastered the family member of the employee of commercial secret, friend, to keeping business the secret also should fulfil coequal obligation.

Although law sets, the obligation of secret of conservative company business not because of labor contract remove, stop and absolve, but because commercial secret existence expires, the condition that be made public or is eliminated, because this still had better be the agreement is confidential and voluntary,rise stop time. In addition, confidential main body is investigated in accredit of unit of choose and employ persons, judicatory or use what commercial secret uses below the special situation such as research at individual study, all can not count beak a contract.

4, take contest job limitation, take off close period when the special kind such as protection is operated ought to standard. Contest course of study restricts average performance to be, ask on-the-job worker must not hold two or more posts concurrently to congener enterprise, after leaving one's post, do not get without agreeing place of former company competitor holds a post, must not establish congener enterprise to participate in competition by oneself, must not abet the other employee of former unit accepts the outside to recruit, not. Consult original labor department " flow about company worker the announcement of a certain number of problems " , state committee of science and technology " a certain number of opinions that secret of the technology in flowing about strengthening brainpower manages " , the time that contest course of study limits must not exceed 3 years commonly. Unit of choose and employ persons still must pay the economy of certain amount compensation, the 2/3 of the pay amount that before leaving a company less at this employee commonly, the last year acquires from this enterprise.
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