In the performance of their duties, it is normal for employees to have access to information that is not in the public domain and that is of vital importance to the company. Just to mention a few examples: accounting and tax information, operating costs, production processes, business projects, etc.
In this regard, section 71 of the Labor Code establishes a series of obligations for the employee, among them:
Strictly keep the technical, commercial or manufacturing secrets of the products to whose elaboration they are directly or indirectly involved, or of which they have knowledge by reason of the work they perform; as well as reserved administrative matters, the disclosure of which may cause damage to the employer (...).
This is relevant because the disclosure of confidential information can cause serious harm to the company and is therefore considered a serious offense and a cause for dismissal without employer liability, as derived from subsection e) of Article 81 of the Labor Code, which states:
When the employee discloses the secrets referred to in paragraph g) of article 71.
In addition to the above, the Undisclosed Information Law (No. 7975) reinforced the importance of workers to maintain the confidentiality of the information to which they have access in the exercise of their functions:
Confidentiality in labor or commercial relations. Any person who, by reason of his work, employment, position, performance of his profession or business relationship, has access to undisclosed information in the terms indicated in the first paragraph of article 2 of this law and about whose confidentiality he has been expressly warned, must refrain from using or disclosing it without the consent of the owner, even when his employment relationship, the performance of his profession or business relationship has ceased (Article 7 Undisclosed Information Law).
This duty of confidentiality is an implicit obligation of any employment relationship, as part of the duty of fidelity, and therefore does not require the need for additional remuneration.
However, before proceeding with a dismissal for this fault, it is important that the company verifies the following situations:
a). That the employee was clear about his obligation of confidentiality with respect to certain information. This can be achieved by means of a confidentiality contract or training sessions in which it is established which information is confidential and which is not, as well as the rules for its storage and the people with whom it can be shared.
b). To be able to prove in detail which was the information disclosed by the employee, by what means and with whom it was shared; thus proving the exact breach of the duty of confidentiality.
In summary, even though the employee does not receive any specific remuneration for the duty of confidentiality, this is an implicit duty in the employment contract, with respect to which, in the event of a breach, the employee could be dismissed without employer's liability.
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