Another important point is that the courts will consider whether Confederation was applicable at the time it was concluded by the worker. This is even the case when Confederation was unenforceable at the time of its initiation, but later became relevant – for example, an inexperienced young collaborator who ages in an organization and develops important contacts. If the restrictive pact was concluded at the beginning of employment, it is not applicable, as it would have been unenforceable in the circumstances of the worker at the time, despite the fact that the employment had thus become so at the time of the end of the employment because of the evolution of the position of the individuals. All employers should inform their employees of their confidentiality obligations. Explicit conditions regarding the use and processing of confidential information should be included in their employment contracts. In addition, guidelines on the use of confidential information should be implemented and regular training should be provided to all staff on the identification and protection of confidential information that they can access as part of their specific role, such as safeguarding .B confidential information (by blocking physical copies, by protecting electronic copies). limiting and blocking access request records, etc.). As soon as a company hires an employee and wants the employee to sign a confidentiality agreement, the company must grant an additional benefit, called “consideration,” in exchange for the employee`s promise of confidentiality. For example, a company may offer a promotion to an employee and increase it if the employee signs confidentiality agreements after the job. An agreement signed by an existing staff member is applicable, as is a pre-work agreement. When a person moves into a new role, they bring with them valuable skills and knowledge that they use for the benefit of their new employer.
If this is the case, particularly when a worker passes to a competitor, it may be difficult to draw a line between information that a worker in his new position can legitimately use as part of his or her own experience and specific information that should not be disclosed when the terms of his previous employment contract no longer apply. The worker`s general obligation to his employer means that this type of confidential information should only be used for the benefit of his employer and prevents the worker from abusing this information (such as disclosing the information to the employer`s competitor) during his employment. However, this obligation ends with the termination of the employment relationship. If it is carried away in the mind of the worker after the end of the employment, it can be used freely in favor of himself or others (z.B his new employer). It is therefore useful to include in a worker`s employment contract specific descriptions of information that the worker is not allowed to use (both during and after the mandate). This can take the form of a calendar with concrete examples. It is a proven method of having a mechanism to update this schedule when new confidential information is developed within the company and the role of the employee changes.