Is There No Free Reemployment?

< p > < strong > case replay < /strong > < /p >.

< p > "if you don't leave proof of resignation, you need to know which company my new company is. There are too many companies."

Years later, Sun Yao, who was preparing to enter the new unit, was somewhat dissatisfied with the "old club". "After knowing home, they immediately asked me to sign a competition agreement." /p?

< p > originally Xiao Sun was a software development engineer of a company, and he resigned in October 2013.

The unit leader signed his resignation letter, but after the completion of all the handover formalities, the company gave him no leave proof.

The reason is that he is involved in the development of the important software of the company. In order to prevent leakage, the company must know the new unit name of Xiao Sun's work.

< /p >

< p > Xiao Sun feels this is ridiculous, but to leave as soon as possible or follow it.

Then, the company also took out a competition agreement to let him sign.

In addition to the fact that Xiao Sun can not engage in the development of the same software varieties as the company, it also prohibits him from developing a variety of software in 10 years.

< /p >

< p > "how long do I work when the unit limit is so long?" so sun Yao refused to sign.

"But without signing the 10 years' competition restriction agreement, we will not be able to get the proof of separation, and we will not be able to work in the new unit."

Sun Yao said distressed.

< /p >

< p > fortunately, under the mediation of the trade union, Xiao Sun once again negotiated with the unit, and finally the unit amended the competition agreement, which stipulated that the duration of the competition restriction was 2 years. During this period, the unit paid 20% yuan to the sun sun to pay the economic compensation per month.

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< p > < strong > labor law < /strong > < /p >

< p > twenty-third employers and workers can stipulate in their labor contracts the business secrets of the employing units and the confidentiality matters related to intellectual property rights.

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< p > ninetieth workers who break the labor contract in violation of the provisions of this law, or violate the confidentiality obligations stipulated in the labor contract or the competition restrictions, shall be liable for damages if they cause losses to the employing units.

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< p > < strong > experts remind < /strong > < /p >.

< p > the state has promulgated relevant laws and regulations to restrict it, and the employer can stipulate the competition restriction clause with the laborer in the labor contract or confidentiality agreement.

< /p >

< p > the time limit shall be stipulated by the personnel concerned, but not more than 2 years.

If a party stipulates a competition restriction clause in a labor contract or a confidentiality agreement, he must agree on the contents of the economic compensation at the same time.

The employer shall give the laborer financial compensation after terminating or relieving the laborer's labor contract.

The standard and amount of economic compensation shall be agreed by the parties themselves.

< /p >

< p > according to the relevant provisions of the interpretation of the Supreme People's Court on several issues applicable to the trial of labor dispute cases (four), the two parties have agreed on the competition restriction, but have not stipulated the corresponding compensation. If the worker actually fulfil the competition restriction obligation after leaving the office, the employer shall pay the financial compensation to the laborers according to the standard of not less than 30% of the average salary of 12 months before leaving the office.

< /p >

< p > < strong > more than one point < /strong > < /p >.

< p > "competition restriction" is to protect the business secrets and competitive advantages of enterprises, but some companies do exist the phenomenon of abuse of the terms of competition.

Not every employee needs to be "restricted". Executives, technicians and so on are the "limiting objects".

The company can not "limit only no compensation". After all, the agreement will enable workers to give up a lot of interests in the next job hunting. Employers should also increase their compensation accordingly.

(Mu Shan) < /p >

< p > < strong > interpretation of regulations < /strong > < /p >

< p > < strong > editor's note: < /strong > < /p >

< p > March 1st, involving the vital interests of many workers, the Provisional Regulations on the dispatch of labor, formulated by the Ministry of personnel and social affairs, came into effect.

This regulation standardizes the employment behavior of labor dispatch, and clarifies the rights and obligations of the three parties, namely, dispatching units, employing units and dispatched workers, and further safeguards the legitimate rights and interests of the dispatched workers.

From the beginning of this period, we will have a detailed interpretation of all the provisions of the Interim Provisions.

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< p > < strong > interpretation of the Interim Provisions on labor dispatch (1) < /strong > < /p >

< p > < strong > Chapter I General Provisions < /strong > < /p >

< p > Article 1 [legislative basis] in order to standardize labor dispatch, safeguard the legitimate rights and interests of workers and promote harmonious and stable labor relations, these Provisions are formulated in accordance with the labor contract law of the People's Republic of China (hereinafter referred to as the labor contract law) and the regulations on the implementation of the People's Republic of China labor contract law (hereinafter referred to as the labor contract law implementation regulations) and other laws and administrative regulations.

< /p >

< p > interpretation: this provision stipulates that the purpose of legislation is to regulate labor dispatch, safeguard the legitimate rights and interests of workers, and promote stable labor relations.

The legislation is based on the relevant laws and administrative regulations of the People's Republic of China labor contract law, the decision of the Standing Committee of the Chinese people's Congress on Amending the labor contract law of the People's Republic of China, and the regulations on the implementation of the People's Republic of China labor contract law.

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< p > second [scope of application] the labor dispatching units shall be responsible for the dispatch of labor services, and the enterprises (hereinafter referred to as the employing units) shall use these provisions.

< /p >

< p > the establishment of accounting firms, law firms and other partnership organizations and foundations, as well as private non enterprise units, shall be carried out in accordance with these provisions.

< /p >

< p > interpretation: this provision provides for the application of labor dispatch.

This provision stipulates that the employing units, including enterprises, accountants, law firms and other partnership organizations and foundations, as well as private non enterprise units and other organizations.

There are no state organs, public institutions, social organizations and individual economic organizations.

< /p >