Dismiss an employee for divulging trade secrets. How to issue a dismissal for the disclosure of personal data. Labor code of the Russian Federation and confidential information

In the employment contract, as an additional condition, there may be a condition on non-disclosure of secrets protected by law is spelled out().

There are many types of secrets protected by law, for example: state, commercial, medical, banking, tax, lawyer and other types.

According to paragraphs. in paragraph 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee for disclosing a secret protected by law that has become known to an employee in connection with the performance of his job duties, including the disclosure of personal data of another employee.

Term: not later than one month from the date of discovery of the offense and not later than six months from the date of its commission (and according to the results of an audit or inspection, not later than two years from the date of commission).

Term: two days.

Familiarize with the order of the employee

The order should be printed out and familiarized with the employee against signature - at the bottom of the order, the employee must sign and put the date of familiarization.

Term: three days.

Term: the day of termination of the employment contract.

Make an entry on the termination of the contract in the work book

The entry is made in accordance with the order of dismissal according to the following sample:


Record No.	date					Information about employment, transfer for another permanent job, qualifications, dismissal (indicating the reasons and a link to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
Record No.		number	month	year
1	2					3	4
				Society with limited liability "Romashka" (LLC "Romashka")
12	31	08	2012	Admitted to the position of CEO	Order No. 1k of August 31, 2013.
12	31	08	2012	Admitted to the branch of the city of Ufa as the director of the branch	Order No. 1k of August 31, 2013.
12	31	08	2012	Admitted to the position of chief accountant	Order No. 1k of August 31, 2013.
12	31	08	2012	Admitted to the position of legal counsel in the legal department	Order No. 1k of August 31, 2013.
12	31	08	2012	Admitted to the position of teacher of Russian language and literature	Order No. 1k of August 31, 2013.
13	29	11	2013	The employment contract was terminated due to repeated non-performance by the employee without good reason labor duties, if he has a disciplinary sanction, paragraph 5 of the first part of Article 81 of the Labor Code Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a one-time gross violation of labor duties by the employee - absenteeism, subparagraph "a" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a single gross violation of labor duties by the employee - the appearance of the employee at work in a state of intoxication, subparagraph "b" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a single gross violation of labor duties by the employee - the disclosure of a secret protected by law, which became known to the employee in connection with the performance of his labor duties, subparagraph "c" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated in connection with a single gross violation of labor duties by the employee - theft of someone else's property at the place of work, established by a court verdict that entered into legal force, subparagraph "g" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a single gross violation of labor duties by an employee - a violation of labor protection requirements by an employee established by the labor protection commission, which entailed serious consequences (accident), subparagraph "d" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated in connection with the commission of guilty actions by an employee directly serving monetary values, giving rise to the loss of trust in him on the part of the employer, paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to the commission of an immoral offense incompatible with the continuation of work, paragraph 8 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated in connection with the adoption of an unreasonable decision by the head of the organization, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to the adoption of an unjustified decision by the head of the branch, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated in connection with the adoption of an unreasonable decision by the chief accountant of the organization, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a single gross violation by the head of the organization of his labor duties, paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
13	29	11	2013	The employment contract was terminated due to a single gross violation by the head of the branch of his labor duties, paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation	Order No. 21k of November 29, 2013.
				Personnel manager "signature" А.А. Ivanova seal
				Employee "signature" BB Petrov

Make a copy of the work book (sheets with records) of the dismissed employee for the archive of the enterprise

Section 11 of the personal card is filled in as follows:

Term: three days.

Must be notified in writing by mail by registered mail... In this case, a copy of the notification with the postal receipt must be kept as proof of the notification.

Term: Two weeks


	Repeated non-performance by an employee without good reason of labor duties, if he has a disciplinary sanction, paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Truancy, subparagraph "a" of paragraph 6 of the first part of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	The appearance of an employee at work in a state of alcoholic intoxication, subparagraph "b" of paragraph 6 of part one of article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Disclosure of a secret protected by law that has become known to an employee in connection with the performance of his labor duties, subparagraph "c" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Committing theft of someone else's property at the place of work, established by a court verdict that has entered into legal force, subparagraph "g" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	A violation by an employee of labor protection requirements established by the labor protection commission, which entailed grave consequences (accident), subparagraph "e" of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Committing of guilty actions by an employee directly serving monetary values, giving rise to the loss of confidence in him on the part of the employer, paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Committing an immoral offense incompatible with the continuation of work, paragraph 8 of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Adoption of an unreasonable decision by the head of the organization, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of Article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	The adoption of an unreasonable decision by the head of the branch, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	Adoption of an unreasonable decision by the chief accountant of the organization, which entailed a violation of the safety of the organization's property, paragraph 9 of part one of article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	One-time gross violation the head of the organization of their labor duties, paragraph 10 of part one of article 81 of the Labor Code of the Russian Federation
XI. Grounds for termination of an employment contract (dismissal)	One-time gross violation by the head of the branch of his labor duties, paragraph 10 of part one of Article 81 of the Labor Code of the Russian Federation HR worker	HR manager		"signature"		A.A. Ivanova
	(position)		(personal signature)		(full name)

The conclusion of an employment contract for work with documents containing state secrets is possible only if the citizen is admitted to state secrets. An employment contract concluded with a person who is admitted to state secrets necessarily prescribes all obligations related to his admission to state secrets. Moreover, a person admitted to state secrets is entitled to certain guarantees and compensations, and they must also be reflected in the employment contract. Our information Secret means information deliberately concealed by the person who possesses it. In order for such information not to become known to persons to whom it should not be available, the owner has the right to restrict access to it, and if this information becomes known against his will, to take actions to protect it.

Labor code of the Russian Federation and confidential information

Labor Code of the Russian Federation, the dismissal was recognized by the court as legal. Frequent question: Why is sending to a personal email address recognized by the courts as dissemination of information in favor of third parties? Answer: "User agreement" of all services providing free postal addresses () provides a similar wording: "The user provides Ru." 2. Appointment of corrective labor for the dissemination of confidential information by sending messages to e-mail Source: Verdict of the Gagarinsky District Court of Moscow of 04.06.2013 in case No. 1-160 / 2013 A criminal case has been initiated against the employee who sent confidential information to the counterparty's email address.

Dismissal for divulging commercial secrets

Ksenia, According to Art. 37 of the Labor Code of the Russian Federation participants collective bargaining, other persons associated with the conduct of collective bargaining should not disclose the information received if this information relates to a secret protected by law (state, official, commercial and other). Persons who have disclosed this information are brought to disciplinary, administrative, civil, criminal liability in the manner established by the Labor Code of the Russian Federation and other federal laws... Article 57 of the Labor Code of the Russian Federation makes it possible to include in employment contract a condition on non-disclosure of information constituting a trade secret with any employee, if this information is known to him in connection with the performance of official duties.
Dismissal on sub. "In" clause 6, part 1 of Art.

Confidential information in labor relations

Attention

Dismissal of an employee for disclosing confidential information through the Skype program Source: Decision of the Golovinsky District Court of Moscow dated 08.10.2013 in case No. 2-5055 / 13 The employee sent documents and information to third parties through the Skype program. The program was installed on the office computer for work purposes and the employer was able to track this fact.

The employee was dismissed under PP. "C", clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the dismissal was recognized by the court as legal. 5. Dismissal of an employee for improper storage and disposal of confidential information Source: Determination of the Moscow City Court dated August 19, 2014 N 4g8-7847 Documents containing confidential information were found in garbage cans near the bank branch.

Responsibility for the disclosure of commercial secrets. what threatens the chatterbox?

Info

EXAMPLE In turn, the contents of the registers accounting and internal accounting is a commercial secret (Article 10 of the Federal Law of 21.11.1996 No. 129-FZ "On Accounting"). DO NOT! Provide a condition on non-disclosure of commercial secrets in the employment contracts of all employees of the organization, without exception. When concluding an employment contract with a person whose job function will be related to access to information constituting a commercial secret, the condition of access to this information, as well as mutual obligations of the parties to the employment contract, associated with such access must be spelled out in the employment contract. However, the employer should include a clause on non-disclosure of trade secrets in labor contracts only for those employees who actually have access to such information in connection with the performance of their job duties.

Employee's liability for disclosing commercial secrets

In order to protect the confidentiality of information constituting a commercial secret, an employee is obliged to: 1) comply with the commercial secret regime established by the employer; 2) not to disclose this information, which is owned by the employer and his counterparties, and without their consent, not to use this information for personal purposes during the entire period of the trade secret regime, including after the termination of the employment contract; 3) reimburse the losses caused to the employer if the employee is guilty of disclosing information constituting a commercial secret and which became known to him in connection with the performance of his labor duties; 4) transfer to the employer, upon termination or termination of the employment contract, material information carriers available to the employee and containing information constituting a commercial secret. 4.

Non-disclosure clause of trade secrets in your employment contract

Before including a clause on non-disclosure of commercial secrets in the employment contract, the employer must:

to familiarize, against receipt, an employee whose access to information constituting a commercial secret is necessary for him to fulfill his job duties, with a list of information constituting a commercial secret, the owners of which are the employer and his counterparties;
familiarize the employee with established by the employer the regime of commercial secrets and with measures of responsibility for its violation.

In turn, the employer is obliged to create the employee the necessary conditions to comply with the established regime of commercial secrets. The Federal Law "On Commercial Secrets" has expanded the employee's obligation not to disclose information constituting a commercial secret.
And despite the fact that all conditions are included in the Labor Agreement solely by mutual agreement of the parties, in cases provided for by federal law, the condition of non-disclosure of secrets protected by law must be taken into account in the labor contract. Let's see how the non-disclosure clause should be reflected in the employment contract, and also talk about the specifics of establishing this condition for certain categories of workers. The condition of non-disclosure of secrets protected by law may be provided for in an employment contract by agreement of the parties. The purpose of its establishment is to protect confidential information to which the employee will have access in the performance of labor duties.

Labor Code article on non-disclosure of confidential information

The employee is obliged not to disclose this information, not only during the period of the employment contract, but also after its termination. The term of such an obligation is determined by a separate agreement between the employee and the employer concluded during the term of the employment contract. If this agreement has not been concluded, then the obligation not to disclose information constituting a trade secret is valid for 3 years after the termination of the employment contract.

Compliance with commercial secrets is one of the additional conditions of the employment contract. Currently, the number of such agreements has increased significantly. It has to do with both growth competitive environmentand with the cancellation of the Labor Code of the rule stipulated by the Labor Code that the labor contract may contain a condition on non-disclosure of commercial secrets only in cases provided for by federal laws and other regulatory legal acts RF.

As part of an internal audit, it was established that the documents were thrown away by the cleaner, and the reason for this violation was improper storage of confidential documents. Considering that the documents were already in the trash cans, the employer additionally indicated the fact of improper disposal of confidential information. The employee was dismissed under PP. "C", clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, the dismissal was recognized by the court as legal.

6. Dismissal of an employee for storing information on a usb-carrier + e-mail

Last time, we considered the procedure for registering employees' access to information constituting a secret of production *. Today we will continue our conversation about commercial secrets. In particular, we will answer the readers' questions about how to prove the fact of the employee's disclosure of classified information. How to bring him to disciplinary and financial responsibility for this? How to recover incurred losses from employees dismissed for disclosing commercial secrets?

What are the ways to punish information leakage?

Our organization has introduced a trade secret regime for certain information. Not so long ago, we learned that there was a leak of important information, and our competitors took advantage of this. We are sure that a specific employee is to blame for what happened. What are the ways to punish him?

Violation of the provisions of the Law "On Commercial Secrets" entails disciplinary, civil, administrative or criminal liability **. As a general rule, if there is no corpus delicti in the actions of an employee who has deliberately or inadvertently disclosed information constituting a commercial secret, such an employee bears disciplinary responsibility. Disclosure of confidential information in this case will constitute a disciplinary offense, that is, failure to perform or improper performance by the employee through his fault of the labor duties assigned to him. In case of disclosure of a secret protected by law, which has become known to an employee in connection with the performance of his labor duties, the employer may apply such types of disciplinary liability against him as a remark, ***.

Along with disciplinary responsibility the employee can also be held liable. That is, he may be charged with the obligation to compensate the employer for the direct actual damage caused to him in full ****.

Please note that compensation for damage is made regardless of bringing the employee to disciplinary, administrative or criminal liability for actions or omissions that caused damage to the employer (Article 248 of the Labor Code of the Russian Federation).

HR Dictionary

Direct (actual) damage- loss or damage to property, as well as expenses that must be incurred to restore it.

Lost profit - income not received as a result of damage (loss, damage to property) or violation of legal rights.

How to prove disclosure of information?

We have a small trade company, all employees know and trust each other. Recently came new employee, and this circumstance just coincided with the leakage of information about the concluded contracts. We're sure the newcomer is to blame, but we can't prove it. Please tell me how you can prove the employee's disclosure of information and recover damages from him.

Unfortunately, in practice, it is rather difficult to prove the fact of disclosure of confidential information by a specific employee, as well as to determine the amount of losses caused by this action. In order to blame the employee for disclosing information, the employer should collect as much evidence of his illegal behavior as possible.

Such evidence may be the testimony of witnesses who were present when the employee divulged information constituting a commercial secret; video recording data, which is conducted in rooms where access to material media containing classified information is allowed. If an employee disputes the dismissal under subparagraph "c" of paragraph 6 of part one of Article 81 of the Labor Code *****, the employer is obliged to provide evidence proving that the information disclosed by the employee refers to a trade secret or to the personal data of another employee, that this information became known to the employee in connection with the performance of his labor duties, and he signed the agreement not to disclose it ******. The employer does not have the right to violate the constitutional right of employees to confidentiality of correspondence, telephone conversations, postal, telegraph and other messages, since the restriction of such a right is allowed only on the basis of a court decision? (Article 23 of the Constitution of the Russian Federation).

Is it possible to demand full compensation for harm from an employee?

One of the workers declassified important information that constituted our secret of production. Thus, he caused us significant losses. Can we recover from him the full amount of the damage caused?

When considering the issue of the employee's financial liability for the disclosure of information constituting a commercial secret, the following should be borne in mind. As a general rule, a person whose right has been violated can demand full compensation for the losses caused to him (compensation for direct actual damage and lost profits), if the law or contract does not provide for compensation for losses in a smaller amount (clause 1 of article 15 of the Civil Code of the Russian Federation). A smaller amount of compensation is provided for by the Labor Code. So, the employee is obliged to reimburse the employer only direct actual damage, while the lost income (lost profits) are not subject to collection from the employee.

In this case, direct actual damage is understood as a real decrease in the employer's property or deterioration in the condition of this property. And also the need to spend funds on the restoration or acquisition of property (Article 238 of the Labor Code of the Russian Federation). In addition, if the employee disclosed information constituting a trade secret, general rule the limitation of the employee's liability to the amount of his average monthly earnings is not applied. In this case, the employee bears full financial responsibility for the disclosure of commercial secrets. That is, he is obliged to compensate the direct actual damage caused to the employer in full (Articles 242, 243 of the Labor Code of the Russian Federation).

Example

A commercial secret regime was introduced in LLC "Supreme" in relation to information related to production activities. This information was recorded both on paper and in in electronic format on CDs and DVDs. Employees who had access to the secret of production, including Vitaly M., were introduced to the local regulations in the field of registration of access to the secret of production and its use, against signature they are familiar with their duty to observe the regime of trade secrets. Some time after the introduction of the regime, Vitaly took from the organization several CDs and DVDs - carriers of the production secret and handed them over to a competitor. The lawyers of Suprim LLC explained to the head of the company that he had the right to recover from Vitaly only real damage in full, that is, reimburse the costs of creating discs that the employee took in order to give to competitors.

How much can be collected from a former employee?

Last year we fired one of our employees. They parted peacefully, paid compensation stipulated by the collective agreement. And now it became known that this former employee recently (after being fired) I passed on confidential information to competitors. Can we claim full damages in court?

If the disclosure of a production secret occurred after the employee's employment relationship with this employer was terminated, then such an employee can be held liable according to the norms of civil law.

In this case, the employer has the right to oblige the employee to compensate for all losses caused by the disclosure of the production secret (clause 1 of article 1472 of the Civil Code of the Russian Federation). Please note that in this case, losses are reimbursed in full, not limited to the average monthly earnings of the employee, and include real damage and lost profits. The ability to recover lost profits from a former employee is especially important for the employer, since the actual damage is often limited to the value of the material medium in which the secret of production was expressed, while the amount of the lost profit by the employer can be ten times greater.

Example

Petr M. had a duly issued access to the production secret of ZAO Alpha. Beta LLC, highly appreciating Petr's professional skills, invited him to take a more highly paid position in his company. Peter accepted the offer. In the process of fulfilling his job duties at Beta LLC, Peter needed to use information that constituted a commercial secret of Alpha CJSC, which he did. This circumstance allowed his new employer to achieve significant financial benefits, and the former employer deprived a significant part of the clients.

In this case, there was a violation of the exclusive right of CJSC "Alpha" to the secret of production. In the event that CJSC "Alpha" will file claims against former employee, the latter will be obliged to compensate losses in full, that is, not only real damage, but also lost profits. Lost profits in this case will be determined, in particular, by the amount of contracts that could be concluded with potential clients.

It should be remembered that it is not always possible for an employee to be held responsible for the disclosure of commercial secrets. So, for example, an employee cannot be punished for leaking information if, while working with such information, he was not properly acquainted with the provision on trade secrets or did not give an obligation to keep the trade secret (or if he got access to the trade secret by accident or by mistake of the employer) ) *******. The former employer has the right to apply to the court with a claim for compensation for damage caused to him within one year from the date of discovery of the damage (Article 392 of the Labor Code of the Russian Federation).

How detailed should be the information constituting a trade secret?

One of our employees has released confidential information about the planned price level for an item that is not yet on sale. In his defense, he states that it clearly does not follow from the company's regulations on trade secrets that this information was classified. Tell me how much detail you need to write in local act information that constitutes the secret of production.

Confidential information should be presented in such a way that employees receive a clear (excluding ambiguous interpretation) idea of \u200b\u200bwhat kind of data is in question.

For example, if the Regulations on Trade Secrets indicate that information about plans to expand production and the level of prices for products is closed (without specifying the type of specific budgets, contracts and agreements, etc.), then employees may simply not understand what exactly they must be kept secret. And it will be problematic to bring them to justice if they unknowingly disclosed important information. Therefore, in the Regulations on Commercial Secrets (annex to it), the entire list of classified information should be indicated in as much detail as possible, indicating the type of media, scope and specific content of the information.

** Subparagraph 5, clause 3, Art. 11 of the Law "On Commercial Secrets", Art. 13.14 of the Administrative Code of the Russian Federation, Art. 183 of the Criminal Code of the Russian Federation.

*** Subparagraph "c" of clause 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

**** Clause 7 of Art. 243 of the Labor Code of the Russian Federation.

***** Termination of an employment contract on the initiative of the employer in the event of disclosure of a secret protected by law that has become known to the employee in connection with the performance of labor duties, including personal data of another employee.

****** Clause 43 of the Plenary Resolution The Supreme Court RF of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation."

******* Clause 4 of Art. 14 of the Law "On commercial secrets".

For disclosing a trade secret is a rather complicated procedure that requires not only establishing the fact of a violation by the employee, but also certain nuances in the preparation of documentation. At the same time, one often has to deal with such issues with litigation and in some cases the employer is denied the dismissal of an employee precisely because of the incorrect interpretation of commercial secrets and all the features associated with it.

Regulatory regulation

In order to understand how to deal with an employee who disclosed classified information, you should define the terms and laws.

A trade secret is information of any type (from production to organizational), as well as information on methods of carrying out activities of a professional nature, which has potential or actual commercial value due to its unknown to third parties, if such is not freely available on the basis of legislation. At the same time, a trade secret regime is introduced with respect to the owner of such information. This term is governed by Article 3 of the Law on Commercial Secrets. Accordingly, disclosure is the transfer of such information to third parties.

The obligation not to disclose commercial secrets upon dismissal (sample)

Dismissal procedure for disclosing commercial secrets

If a trade secret has been disclosed, the employee is fired for the violation. In this case, the company must:

Prepare a disclosure act in a timely manner;
Record the refusal to give written explanations from the employee or receive them all in the same written form in relation to the committed misconduct (must answer within 2 days);
Apply a disciplinary penalty appropriate to the offense.

At the same time, it is important to correctly draw up all the necessary papers and carry out the procedure in accordance with the legislation.

Order

If the employer has decided to dismiss the offending employee, then he prepares an appropriate order for his dismissal. At the same time, the document must contain references to the article of the Labor Code of the Russian Federation corresponding to the case.

The dismissed employee must familiarize himself with the order against signature. An act is also drawn up.

What you need

To apply this punishment in relation to the guilty employee, it is necessary first of all to record the very fact of disclosure. The method of such recording will depend on what information the employee disclosed and how. It can be:

Recording the fact of the employee using the Internet. Compiled memo addressed to the head of the department or.
Written statements from other employees, competitors or partners also constitute evidence of violation.
Confirmation in the form of video and photographic materials.

Step-by-step instructions for conducting

To carry out the entire process, it is necessary to go through the following steps with documentation of each:

Registration of the fact of disclosing secrets.
Creation of a commission to conduct the case, if necessary.
Collecting evidence about the disclosure of secrets by an employee, conducting an official investigation.
Checking all the conditions that are necessary for the dismissal.
A request is made to the employee to receive appropriate explanations (with a description of the circumstances in which the violation was recorded, and a link to the corresponding document in the non-disclosure agreement of this information).
If a response is received from the employee, then it is assessed by a specially created commission, which assesses the employee's misconduct, compares it with the consequences that have occurred for the employer.
If they are not received within 2 days, a refusal to familiarize with the documents with the signatures of several witnesses is issued.
The decision taken by the commission is enshrined in a protocol with recommendations and conclusions regarding the future fate of the worker.
Registration of a dismissal order and the inclusion of a copy of it in the employee's personal file.
An entry is made in the labor book, if it is decided to dismiss.
A personal card is drawn up upon termination of the employment contract.
Payment is made with the employee.
A personal file is handed over to the archive, a notification is sent to the military registration and enlistment office about the employee who was fired if he is subject to military registration.

This is, in fact, the whole process that you need to go through. But it is important to do everything right. It is not uncommon for a court to refuse to dismiss an employee due to an incorrect interpretation of commercial secrets.

Labor enrollment

After all the documentation is completed and the dismissal process is almost over, it is done. In this case, the wording must contain the grounds for dismissal (in this case, disclosure of commercial secrets). A link to the corresponding article is also required.

Trade secret agreement upon dismissal

Even after dismissal, the employee will continue to have information regarding the business secrets of the enterprise. And despite the fact that the person no longer works in the organization, but disclosed the forbidden information, transferring it to third parties, it is possible to punish him accordingly with the recovery of material damage. The amount will be determined in court.

How to dispute

You can try to challenge the dismissal decision in court if:

The non-disclosure agreement of commercial secrets was drawn up incorrectly or has discrepancies with other documents;
If the fact of transferring data to a third party has not been established (recording the same information on a flash drive is not a fact of disclosure);
If, and the employee was on vacation or on sick leave.

Also pregnant women, minors and disabled persons are not subject to dismissal.

This video will tell you about the consequences of disclosing secrets protected by law:

Responsibility for disclosure

If we talk about responsibility for the disclosure of secrets, then it can be:

Disciplinary action - from reprimand to dismissal;
Payments for material damage.

Material damage is understood as the losses incurred by the plaintiff related to the disclosure of commercial secrets. The potential benefit is not considered in this case. But if an employee quit and got a job in another company, where he disclosed the necessary information, then material damage can be recovered from him, including the potential lost profit. But specific amounts are set by the court.

Arbitrage practice

If speak about jurisprudence, two cases on this topic will be indicative:

During the official check, it was established in the company that the employee had access to information protected by the trade secret regime. She committed a violation of this regime and repeatedly used a service computer to transfer secret data to a flash card. It was also established that this information was transferred to third parties, which is why competitors received data on the planned scope of work and their cost from the customer. The court concluded that the employer had the right to fire the employee in accordance with the law.
Dismissal is also provided for inaction. For example, an employee left the workplace, but at some point did not lock a computer containing data related to a trade secret. Accordingly, an unknown person copied and transmitted information from him to persons. On the basis of such a violation, the employee was fired for inaction, that is, violation of the confidentiality regime. In this case, the court refused to satisfy the employee's claim for reinstatement at work.

On the other hand, simple copying to a USB flash drive without establishing the fact of transferring information to a third party is not a violation of the regime and the court can, in this case, satisfy the request for the employee's reinstatement to his position with payment of compensation in the amount of full wages in accordance with the terms of work admission.