recently
"The post-00s girl left her job to delete the software and was threatened to sue by the company"
The topic rushed to the top of the hot search
aroused heated discussions among netizens
recently
A post-00s girl in Guangzhou, Guangdong
Posted a video crying claim
When you leave your job
Removed some software from the company computer
Facing the threat of being sued by the company's in-house counsel
It is understood that the girl Xiao Jiang will graduate in 2023 and has just entered the society to work. "It's outrageous! I just uninstalled QQ Music, QQ, WeChat, Google Chrome, and Baidu Netdisk, and the leader said that it had a bad impact on the company. Xiao Jiang said that because the memory of the office computer is too small to run stuck, deleting "QQ", "WeChat" and other software with a relatively large memory occupation is to make the computer run faster.
"Good intentions did bad things, and the leader thought that deleting those software would add an extra download step to the newcomers later, which caused unnecessary trouble, and he had to report to the company's legal counsel to sue me at that time." Xiao Jiang said that he shot the video because he felt wronged, and he was at a loss for a moment when he faced the threat of being sued by the company as soon as he graduated and joined the job.
▲Screenshot of Xiao Jiang's chat with the company's leaders
"I was so scared that I had to call the police because I didn't do anything to harm the company's interests, and they were going to sue me. After working for more than two months, the company did not hand me any confidential documents, I just deleted the software that I downloaded and logged into my personal account. Xiao Jiang said that the company's legal counsel did not sue later.
Later, some unscrupulous media reprinted the video and recreated and released it without her permission. "They reposted my video without my permission, and said that I deleted the company's important documents without censoring my face, which led to malicious comments from netizens, which had a great impact on my reputation."
▲Some netizens commented. Photo courtesy of the interviewee
Jiang said he never imagined that releasing the video would have so many "ripple effects". The online violence caused by false reports by some media made her worry that no company would hire her in the future. "After the incident, my friends came to comfort me, and I firmly believed in my heart that there would be justice."
The lawyer said it already involved online violence. Some netizens made hurtful, insulting and inflammatory remarks in the comment area, causing reputational damage to the person concerned, and this kind of cyberviolence has broken the moral bottom line.
"Where netizens use insulting language to criticize and accuse, maliciously slander and abuse the parties, or expose the parties' privacy without authorization, it may infringe on the parties' rights to reputation and privacy. Where these acts cause the person concerned to suffer mental harm, the cyberbully is liable for compensation. Fabricating, publishing, and disseminating false or illegal information that disrupts public order may be subject to administrative penalties such as detention and fines. where the circumstances are serious, it may also constitute the crime of illegally using information networks. ”
"After a lot of hard work, I will face the future more positively and optimistically." Xiao Jiang said.
Many netizens said
Regular companies will ask for it after leaving the company
Format the computer after the handover
Then it's time to leave your job
In the end, it is possible to delete it
Files on the company's computer?
Is it illegal to delete company computer software?
Let's take a look at more cases
Deletion of company software data after termination of employment
One person was sentenced
Through a search of the judgment document network, it is found that there are not a few cases in which employees are sentenced for deleting the company's software data after leaving the company. Mr. Lu is a senior IT engineer at a technology company in Beijing, responsible for the company's network room and server management. In July 2022, Lu Moumou resigned from the company. Because he had a conflict with the company's responsible personnel before leaving, Lu Moumou held a grudge.
On the evening of May 18, 2023, Lu Moumou used his original administrator account and password at home to log in to the company's shared server account through his mobile phone, change the administrator password, and delete the data and operation logs in the shared server disk. The next day, a technology company in Beijing found that a large amount of work data was lost, affecting the normal work development, and then spent a total of more than 120,000 yuan to restore the data.
On September 27, 2023, the Beijing Changping District Procuratorate indicted Lu Moumou for the crime of illegally controlling computer information systems. On November 8, 2023, the Changping District Court of Beijing made a first-instance judgment and sentenced Lu Moumou to three years in prison, suspended for five years, and fined 30,000 yuan for the crime of illegally controlling computer information systems.
Deletion of personal data
What should I do if I face a lawsuit from a company?
Lawyer's interpretation of the law
Does an employee have the right to delete data from his or her computer after leaving the company? What can be deleted? What can't be deleted?
After the resignation, the employee shall have the obligation to handle the resignation handover in accordance with the law, and the handover matters are generally limited to some work-related materials mastered during the employment, such as USB flash drives, computers, electronic data, etc. As long as it is related to the work, it is equivalent to using the material and technical conditions of the unit. In addition, employees are not allowed to delete or copy the content of the company's trade secrets without permission.
However, if there are some matters that have nothing to do with work and are completely personal items or materials, such as personal documents in the computer, listening software, etc., then the employee has no obligation to hand over, and the employee can not hand over or delete it.
What are the legal risks that may be faced by deleting important company information and documents?
The company has paid human, material and financial resources in the development, collection and generation of data. If an employee deletes information belonging to the company, resulting in losses to the company, the employee shall be liable for compensation from the perspective of civil liability.
In addition, if the value of the relevant information deleted by the employee is high and the subjective malice is strong, it is not excluded that the employee will bear criminal liability, including the crime of intentionally damaging public or private property. If it involves intruding into the company's system and deleting the relevant company data, reaching a certain amount, it may also constitute the crime of destroying computer information systems.
Article 50 of the Labor Contract Law of the People's Republic of China clearly stipulates the obligations of both parties when the labor contract is dissolved or terminated, and the employee shall handle the work handover in accordance with the agreement between the two parties. Theoretically, according to the principle of good faith, the ancillary obligations of employees include the obligations of informing, assisting, maintaining confidentiality, and prohibiting employment. After the termination of the labor contract, the employee still has the obligation to assist, including the obligation to return and return the property and materials of the employer that are used or occupied for work needs. In other words, it is an obligation for employees to perform the handover of work at the time of resignation, which includes the handover and storage of work-related data.
Therefore, if an employee deletes important information and documents from the company when he or she leaves the company, and it cannot be recovered, or even if it can be restored, it will require a large cost, the employer has the right to request the employee to compensate for the loss according to the loss, such as asking the employee to pay for password unlocking, data recovery, and maintenance. If an employee deliberately uses his or her position authority to delete the company's electronic data in order to vent his dissatisfaction with his or her employer, resulting in a serious impact on the operation, it may also constitute the crime of sabotaging production and operation. In addition, employees who maliciously delete data from company computers may also be held administratively liable for disturbing public order.
What should I pay attention to when leaving my job to avoid disputes in the handling of personal data and company information?
First of all, the employer should specify the management of computer data in the employment contract and rules and regulations, including data collection, backup, access permissions, etc., and clearly stipulate that compensation for losses caused to the company is required. Second, employees should be trained and educated to clarify the legal responsibilities for deleting company data. Finally, the handover of work when an employee leaves the company should be specified in detail. In the process of terminating the employment relationship with the employee, whether it is unilateral termination by the employer or unilateral termination by the employee, attention should be paid to the method of communication and the preservation of information in advance. Employers should do a good job of data retention and paper backup to avoid being passive after the employee deletes or loses the documents.
In addition, employees should not delete data on their work computers because they are dissatisfied with their employers, and they should not respond to another behavior with improper behavior. If the employer illegally dissolves or terminates the labor contract, fails to pay severance payments, fails to settle wages, bonuses, overtime pay, or fails to handle the handover of resignation certificates, files and social insurance relations, the employee shall protect his or her legitimate rights and interests through legal means, such as initiating arbitration with the labor arbitration commission.
Source: CCTV, Shenzhen News Network
Edit: Leaves
Second trial: poetry rhyme
Third trial: Ouyang Lingxi