Recently there's been a buzz about an allegedly leaked late beta version of
Warcraft Adventures, and suddenly I realized that I have no idea about the actual law(s) that are applicable to suchlike situations. The only item I've been able to find so far is
this article, from which it follows that the legislation of the matter is rather vague. Here's the passage that seemingcly covers the issue (emphasis added):
The Labour Code, particularly Section 81, sets forth the employee’s duties in relation to the employer. The employee is particularly obliged to refrain from acting contrary to the employer’s justified interests and also maintain secrecy about matters which he learned while performing the job and which cannot be published to third parties in the interests of the employer. Failing to meet these duties by the employee might lead to the termination of employment and the employer claiming damages due to the breach of employment duties through the fault of the employee while performing the assigned tasks or in relation to them.
However, the article continues,
the burden of proof is borne by the employer, i.e. he must prove that the employee has breached his employment duties. Where only a fault through neglect instead of wilful fault is proved, the employee’s liability for damage has a statutory cap.
Which basically means that in case of a lawsuit concerning the software leak, the employer will have to produce proof of wilful damage to their interests on the employee's side. Am I right to assume that when an employee signs the contract, there are (or should be) clauses that specifically define all the "do"s and the "don't"s?
