If the signatures of both parties are valid, only the unilateral signature is invalid.
According to the provisions of Articles 23 and 24 of the Labor Contract Law, the employing unit may agree on confidentiality matters in the labor contract or confidentiality agreement with senior management personnel, senior technical personnel and other personnel with confidentiality obligations, and after the labor contract is dissolved or terminated, it is agreed to give economic compensation to the workers every month during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The area, duration, economic compensation and the amount of liquidated damages for non-competition shall be agreed by the employer and the employee, but the term of non-competition shall not exceed two years.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (Fa Shi [2013] No.4), the parties agreed on non-competition in the labor contract or confidentiality agreement, but did not agree to give economic compensation to the workers after dissolving or terminating the labor contract. If the laborer has fulfilled the obligation of non-competition, the employer may be required to pay the laborer 30% of the average salary in the twelve months before the dissolution or termination of the labor contract, which shall not be less than.
If the employer fails to pay the economic compensation for three months, the employee may request the people's court to terminate the non-competition agreement and pay the economic compensation for three months; After the employee violates the non-competition agreement and pays the liquidated damages to the employer, the employer may require the employee to continue to perform the non-competition obligation as agreed.
Pay attention to these when signing a confidentiality agreement.
One is; The scope of technical secrets shall be reasonably agreed, and technologies that do not meet the conditions prescribed by law shall not be included in the scope of technical secrets of confidentiality contracts.
The second is; It is required to pay the confidentiality fee, whether it is the confidentiality within the term of the labor contract or the confidentiality within the non-competition period after the expiration of the labor contract, the enterprise is required to pay the confidentiality fee and the payment method.
The third is; The term of non-competition should be shortened as much as possible, and there is no clear legal provision for the term of non-competition. Therefore, when signing a confidentiality contract containing this clause, try to keep the clause short.
What is known above is whether this "signed confidentiality agreement without seal" is valid in Bian Xiao. If you have legal questions, you can pay attention to non-litigation and private letter consultation.