Publication date: 26.06.2024
Protecting employers' rights in case of unfair actions of employees
Protecting employers' rights in case of employee misconduct is an important aspect of HR management in any company, including IT companies. Employee misconduct may include violations of labor discipline, disclosure of confidential information, theft of intellectual property, and other actions that harm the company.
1. Legal basis for protection of employer's rights
1.1 Labor legislation
- Labor Code: In Ukraine, employer protection is regulated by the Labor Code. It provides for various measures of influence on employees for breach of employment duties, including disciplinary sanctions and dismissal.
1.2 Internal regulations
- Internal labor regulations: Development and implementation of internal labor regulations that govern employee behavior, duties, and responsibilities.
- Code of ethics: Implementation of a code of ethics that defines the standards of employee behavior and possible consequences for violations.
2. Contractual mechanisms
2.1 Employment contracts
- Confidentiality provisions: Include provisions in the employment agreement that require the employee to keep commercial and other protected information of the company confidential.
- Non-compete clauses: Non-compete agreements that restrict employees' ability to work for competitors or form competing companies for a certain period of time after they leave.
- Provisions on intellectual property: Defining in an employment agreement the rights to intellectual property created by an employee in the course of his or her employment, with the transfer of these rights to the employer.
2.2 Contracts with contractors and freelancers
- Terms of work performance: Clearly define the terms and conditions of work, liability for bad faith and consequences for breach of contract.
- Confidentiality and intellectual property clauses: Include confidentiality and intellectual property provisions in contracts with contractors and freelancers.
3. 3. Disciplinary measures
3.1 Disciplinary sanctions
- Types of penalties: According to labor law, employees may be subject to disciplinary sanctions, such as reprimands, deprivation of bonuses, reduction of salary, and dismissal.
- Application procedure: It is important to follow the established procedure for applying disciplinary sanctions, including documenting the violation, conducting an internal investigation, and giving the employee an opportunity to express his or her position.
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3.2 Dismissal
- Grounds for dismissal: An employee may be dismissed on the basis of systematic violations of labor discipline, gross misconduct (e.g., theft, disclosure of confidential information), as well as other grounds provided for by labor law and the employment contract.
- Documentation: It is important to properly execute all documents related to the dismissal of an employee, including the dismissal order, the act of violation, memos, etc.
4. Judicial protection of employer's rights
4.1 Filing a claim
- Claims for damages: If an employee's dishonest actions have caused material damage to the company, the employer has the right to file a lawsuit for damages. This may include theft of property, disclosure of trade secrets, breach of non-competition agreements, etc.
- Claims for protection of business reputation: If an employee disseminates false information that damages the company's business reputation, the employer may file a claim for protection of honor, dignity and business reputation.
4.2 Court proceedings
- Evidence base: It is important to collect the necessary evidence of employee misconduct, including written evidence, testimony from other employees, CCTV footage, email correspondence, etc.
- Legal support: Engaging qualified lawyers to prepare a statement of claim, represent the company's interests in court and protect the employer's rights.
5. 5. Preventive measures
5.1 Policies and procedures
- Implementation of policies: Developing and implementing policies on confidentiality, intellectual property, non-competition, and labor discipline.
- Employee training: Conducting regular trainings and seminars for employees on the company's internal policies, their responsibilities and liability for violations.
5.2 Technological measures
- Security systems: Implementation of information security systems that allow controlling access to confidential information, preventing its leakage and detecting violations.
- Activity monitoring: The use of software to monitor the activities of employees in the workplace, which allows you to detect malpractice.
Legal tools and methods for protecting employers' rights
Protecting employers' rights in the event of employee misconduct requires the use of various legal instruments and methods. The main ones are described below.
1. Employee agreements
1.1 Employment contracts
- Clear definition of responsibilities: Include in the employment contract a clear list of the employee's responsibilities and work requirements.
- Provisions on confidentiality: Establishment of the employee's obligation to keep information that becomes known to him/her in connection with the performance of his/her employment duties confidential.
- Terms and conditions on intellectual property: Defining the rights to intellectual property created by the employee during the course of employment and transferring these rights to the employer.
- Non-compete clauses: Include terms restricting the employee's ability to work for competitors or form competing companies for a certain period of time after termination.
Conclusion.
Protecting employers' rights in the event of employee misconduct is a complex process that includes legal, organizational and technological measures. It is important to detect violations in a timely manner, apply appropriate disciplinary sanctions and, if necessary, protect their rights in court. Employers should develop and implement internal policies and procedures that will promote labor discipline and protect the company's commercial interests.
