When you receive an employee's resignation letter, the first thing that crosses your mind is, "Isn't he going to work for a competitor?" In Indonesia, it is common for employees to change jobs to competitors, and there is concern about leaks of confidential company information. There is still little awareness of confidentiality, and people are aware that if they change jobs, it will be a problem with another company, so they sometimes go headhunting in hopes of getting information about their current job. Although it is difficult to ensure complete compliance, I hope that awareness of confidentiality will improve even a little. So how can we improve our understanding of confidentiality?

[What is confidentiality?]

First of all, it is important to understand what confidentiality is. Many companies clearly state confidentiality in their work rules/labor agreements, but do they really understand what information and data are subject to confidentiality? Specifying the definition in the employment regulations/collective agreement 1 However, regular awareness education is an effective method. every year 1 Setting a set period to raise awareness is effective not only in raising employee awareness, but also in showing the company's commitment to thorough implementation. I think it is easier to understand if we provide examples of what kind of data is subject to confidentiality obligations rather than a formal legal definition. It is easy to understand that information about customers and subcontractors, sales prices, purchase prices, etc. are subject to confidentiality obligations. On the other hand, manufacturing processes, quality inspection procedures, and the contents of work instructions are also subject to confidentiality, but there seems to be little awareness of confidentiality regarding the things that are used on a daily basis. There are many technical drawings and forms that are subject to confidentiality obligations depending on their contents, so it is necessary to raise awareness on a regular basis.

[Confidentiality obligations after termination of employment relationship]

Confidentiality is an obligation even after the employment relationship has ended. If you change jobs to a competitor, you need to be even more careful and aware. However, since penalties under employment regulations/collective agreements only apply during the employment relationship, it is effective to state the confidentiality obligations after the employment relationship has ended in an employment contract that clearly states the individual's agreement. There are cases where a company is made to write something like a confidentiality oath when leaving the company, but those who are thinking of changing jobs to a competitor and selling what they currently know are likely to refuse the oath. I wouldn't sign something I knew would be a violation, and not signing won't diminish any rights, like severance pay. Therefore, it is effective to include the confidentiality obligation after the employment relationship ends in the employment contract at the time of joining the company, and to have the agreement signed. When you join a company, you don't sign an agreement without thinking about what will happen after you retire. However, for employees who have already joined the company, there is no confidentiality clause in the employment contract, so the only alternative is to use a confidentiality oath or a statement in the work regulations/labor agreement. It is also effective to obtain the employee's signature on the oath of compliance with the employment regulations/labor agreement along with the receipt of the pamphlet that will be distributed when the employment regulations/labor agreement is revised, which describes confidentiality obligations after the termination of the employment relationship.
Although it is uncertain how legally effective each agreement is, it is most effective to raise awareness among employees and clearly communicate the company's intentions, so why not consider future measures?