Is it possible to prevent an employee from publishing their current place of work?

Question

Law in IT

Is it legal to prohibit an employee from publishing their current place of work? N.p. within the framework of the contract and trade secrets. Or for other reasons.
There is a risk of losing a fighter in unfair competition when working in a startup.

Answer 1

What does "unfair competition" mean? The fact that he will be offered a salary higher than yours?
It is necessary not to ban, but to offer better conditions.

Answer 2

Strange idea.
Let's say I work for you. Let's say you're afraid of losing me. And tell me: “Tell at least someone that you work for us, we will cut your salary in half” ... For example. Is this an attempt to "save the fighter"? Are you serious?)
I would start thinking about a new place in… hmm. six seconds. Once the headhunter has loaded. IMHO, such a restriction can only be if the activity is illegal. Otherwise… meaning? The information that I work at Roga i Hopy LLC does not carry any semantic load until the essence of the activity is disclosed. Unless, of course, it is generally known that these hooves are cut from illegally cloned sheep.
You can try to make a contract according to which he will quit at his request within a yearextremely unprofitable. For example, offer a staff member a mortgage at 1%, but only while he is working for you. Or something like that.

Answer 3

From the comments, it seems to me that the author of the topic does not really care about the employment contract. That he is looking for some words that can be said to startup employees to forbid them from telling where they work. Intimidate so to speak.
In my opinion, it's kind of an abnormal practice. With such an approach to you, normal people will not work.
Although I may have misunderstood something.
If it is really necessary that they not be disclosed, include this as a clause of the employment contract and prepare an explanatory conversation or presentation with an argument as to why this clause is here. I myself, for example, did not fully understand why he did it.

Answer 4

>There is a risk of losing a fighter in unfair competition
In fact, what you describe is FAIR competition. When one employee is offered a salary much more than he has at his current position, while at the current position he does not see prospects for its growth, and if the range of tasks and the team mean little to him, it is NORMAL if he leaves for a competitor. It's fucking market conditions.

Answer 5

If you are so afraid of hunting competitors, there is nothing for you to do in business, go work to work! If they want to, they will still scam, and now you are creating an atmosphere of widespread idiocy in the company, so they will most likely run away from you. Now it’s a ban on disclosing the name of your company, then personal contacts… Will you tell me to go to the smoking room one at a time so as not to gossip?

Answer 6

Lord managers, you sometimes come up with such nonsense! I would decide that the company has very big problems with the law and it is necessary to get out of here.

Answer 7

Forbidden to indicate the place of work - it is impossible. Legally. Talk to every employee.
Forbid to indicate the field of activity in the company - completely. NDA, trade secret, etc.
Also in Russia it is legally impossible to justify a ban on switching to work for a competitor.

Answer 8

You are not going that way, comrade.
“A bound bird cannot be a songbird.”
As a leader, I will say: it is necessary to recruit people who will be interested in working not only in terms of salary, but also for personal reasons. Then everyone will not have to watch what he is doing there and whether he plans to leave. A year ago, one of my employees was offered to go to work, where the salary was 1/3 higher. He did not go there for several reasons:
1. Not a very interesting job
2. There are also few opportunities to develop
3. the team - a lot of "mature men"
4. something else there
As a result, now: his salary has grown, now there is no difference . And in that place s \ n remained.
You need to communicate with people, see what they like and what they don't. Try to meet halfway, if it does not greatly undermine your interests. Everyone likes to be shown to be appreciated. And that they are listening, and not just pretending, or even worse, they are ignoring. If a person does not burn with work, get ready for him to leave. Look for a replacement in advance for him, until this news falls like snow on his head.
Now, if this is a completely freelancer, then it’s more difficult here ... They can a priori go somewhere for a more stable job. So, maybe you should offer him a full-time job with an appropriate salary?

Answer 9

Technically, no.
A clause in the employment contract on non-disclosure through any source of information.
However, this is a rather unusual item that may alert the employee. And he himself can decide that you are not suitable for him.
You have to be careful here :)

Answer 10

There is the concept of a trade secret, and in addition to banking data, data on transactions, etc., it may include “any information at the discretion of the management” (with an order if necessary). Another thing is that a trade secret is the same vague concept as know-how - they banned it, but it’s not clear how to track it (only if the person did not sign up for some information himself). Well, the last difficult question: what sanctions are due for this and, attention, how to apply these sanctions. Well, the employee told what works for you, well, you caught him, so what?

Answer 11

By law, this information cannot be classified as a trade secret. www.referent.ru/1/8583
Accordingly, it cannot be prohibited from disclosing it.

Answer 12

Auto RU. Of course, I do not pretend to be absolute truth, but you are digging from the wrong side in my opinion. It was necessary to start at the recruiting stage, selecting a team that would be difficult to lure competitors. Moreover, it is desirable to entrust the selection of the team to professionals. Prohibitions, unfortunately, do not solve the problem here. This is especially true for IT professionals for whom an unreasonable stupid (and in their opinion it will be stupid) ban is like a red rag that makes you want to break it.

Answer 13

The next step is to ban headhunters, hunters and the like in the office?)))) And then recently they promised a lama a month. I almost quit, since personnel officers do not work on weekends ...
I mean, your competitors can announce that when they transfer from your company and present, say, 2NDFL, they will provide twice as much income. And this announcement will splash around the Internet.
You can, of course, work in a bunker and keep all the staff there, but this is somehow ... not that.
And also, remember: there are no irreplaceable people. If you have, you need to refactor the structure :)

Answer 14

And if you sign an NDA with the condition that a person, upon dismissal, for some time cannot be engaged in certain activities ...

Answer 15

Legislatively, you cannot limit it to this, it seems to me that you should be proud of your company and working conditions, make such a site a stand where all your employees will be.
A good example is
www.cosmos-web.ru/cosmonauts/
or the martdesign
martdesign.ru/team/
doesn’t see much turnover.

Answer 16

Many bank employees and civil servants were ordered to be deleted from social networks.
Theoretically, this is not legal, but within the framework of the “special conditions” of the employment contract, the employer is always in the right to make almost any restrictions that do not contradict the legislation of the Russian Federation, including the cancellation of accounts in social networks or, to put it milder, not to indicate the current place of work in the questionnaires on MoiKrug, Odnoklassniki hh & job.ru.
This can be written in special instructions for "Enterprise Security", and brought to the attention of employees against signature.
There is no Instruction, there is no signature under it - there is no violation. Everything else (a verbal warning) is arbitrariness on the part of the leadership, but a war with the leadership is not a thankful task.
I worked with secrets, but we were not explicitly forbidden to have accounts in social networks, although we did not have the Internet at work (access only from a specially designated terminal with a log entry: who, where, when and what visited).