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A "trade secret" refers to an organization¡¯s technical or business operation
information not divulged to or known by the public, and allows the production of
economic benefits by a workplace organization (i.e. an organization employing
others) and practicality; these trade secrets fall within certain protective
measures made by workplace organizations.
According to the requirements of the Regulations of the Shanghai Municipality
on Labor Contracts, both parties in a labor contract may, in a labor contract or
non-disclosure agreement, agree on extending the period of notification in
advance to revoke a labor contract requested by an employee who is liable for
keeping the trade secrets of the workplace organization confidential, however,
the extended period shall not exceed six months.
During the stated period of notification in advance, the workplace
organization may carry out measures to ensure the employee¡¯s separation from the
organization¡¯s trade secrets.
The contents stipulated in the clause of the confidentiality and/or
non-disclosure agreement shall become void upon the moment where such trade
secrets become known by the public.
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