Disciplinary responsibility
Posted: Wed Jan 22, 2025 5:47 am
Disciplinary responsibility
In this case, the dispute between the specialist and the employer does not go beyond the scope of the internal company proceedings. Issues related to the establishment of a violation and bringing to responsibility are regulated by the Labor Code of the Russian Federation and the provisions of the employment contract. If the employee is guilty, such penalties as a reprimand, a warning, a deduction from wages, or dismissal may be applied to him.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Case law related to commercial secrets
The receipt of a commercial band database secret by undesirable persons may be the result of not only deliberate actions. The employee's guilt may also be indicated by inaction, the inadmissibility of which is stated in the employment contract. A forgotten or lost document, failure to comply with the storage conditions of an electronic key, leaving a safe open - all this indicates the employee's carelessness, which he should not have allowed.
Courts resolve disputes regarding the recovery of compensation for violation of the commercial secret regime in different ways.
Thus, in one of the banks, an employee sent confidential information via a messenger. This fact was established by the security service, after which the employee was fired for disclosing a commercial secret. However, in court, he reported that the recipient of the information was this department itself, and the messenger was protected by electronic encryption.
Case law related to commercial secrets
Having examined the case materials, the court established that the bank's internal documents stated that the transfer of classified data was permitted only with the written consent of the head of the security service, which was not available in this case. The dismissal was deemed justified.
In another case, an employee filed a claim for reinstatement. He was fired for sending confidential information to a personal email. Despite the fact that the information was not transferred to outsiders, the dismissal was recognized as legal, since the letter was processed by the Mail.ru server, that is, by a third party that could use it. After a lengthy appeal procedure, the case ended up in the Constitutional Court of the Russian Federation. It came to the conclusion that Mail.ru did not become the owner of the transferred information, although its server was used to prepare incoming mail. The decision was overturned, the case was sent for a new trial.
How does disclosure of trade secrets occur?
Direct theft of information. May be expressed in the intentional transfer of documents, digital media, verbal communication of information to third parties. Registration of document movement within the organization, their issuance and sending to third parties helps prevent such cases.
Copying of information. It can be done not only by making duplicates of paper documents and digital computer files, but also by photographing the monitor on which secret information is displayed. Security can be ensured by video surveillance in office premises, software such as "Dallas Lock", and restricting the forwarding of e-mail by software means.
Use of computer viruses. The main recommendation h
In this case, the dispute between the specialist and the employer does not go beyond the scope of the internal company proceedings. Issues related to the establishment of a violation and bringing to responsibility are regulated by the Labor Code of the Russian Federation and the provisions of the employment contract. If the employee is guilty, such penalties as a reprimand, a warning, a deduction from wages, or dismissal may be applied to him.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Case law related to commercial secrets
The receipt of a commercial band database secret by undesirable persons may be the result of not only deliberate actions. The employee's guilt may also be indicated by inaction, the inadmissibility of which is stated in the employment contract. A forgotten or lost document, failure to comply with the storage conditions of an electronic key, leaving a safe open - all this indicates the employee's carelessness, which he should not have allowed.
Courts resolve disputes regarding the recovery of compensation for violation of the commercial secret regime in different ways.
Thus, in one of the banks, an employee sent confidential information via a messenger. This fact was established by the security service, after which the employee was fired for disclosing a commercial secret. However, in court, he reported that the recipient of the information was this department itself, and the messenger was protected by electronic encryption.
Case law related to commercial secrets
Having examined the case materials, the court established that the bank's internal documents stated that the transfer of classified data was permitted only with the written consent of the head of the security service, which was not available in this case. The dismissal was deemed justified.
In another case, an employee filed a claim for reinstatement. He was fired for sending confidential information to a personal email. Despite the fact that the information was not transferred to outsiders, the dismissal was recognized as legal, since the letter was processed by the Mail.ru server, that is, by a third party that could use it. After a lengthy appeal procedure, the case ended up in the Constitutional Court of the Russian Federation. It came to the conclusion that Mail.ru did not become the owner of the transferred information, although its server was used to prepare incoming mail. The decision was overturned, the case was sent for a new trial.
How does disclosure of trade secrets occur?
Direct theft of information. May be expressed in the intentional transfer of documents, digital media, verbal communication of information to third parties. Registration of document movement within the organization, their issuance and sending to third parties helps prevent such cases.
Copying of information. It can be done not only by making duplicates of paper documents and digital computer files, but also by photographing the monitor on which secret information is displayed. Security can be ensured by video surveillance in office premises, software such as "Dallas Lock", and restricting the forwarding of e-mail by software means.
Use of computer viruses. The main recommendation h