Which Employees Can Sign A Non Compete Agreement?

In the past few days, employees from enterprises such as enterprises in Hong Kong, Guangzhou and Hong Kong have come to inquire about the fact that when they first came to work, the company asked them to sign a competition agreement. Today, the company has to terminate its labor relations ahead of time, resulting in labor disputes with the company. They want to ask: what are the economic compensations for the prohibition of business strife? What employees can enter into a non compete agreement?

With questions from the staff, the reporter interviewed Cheng Ji Yan, a lawyer of the law office of Shu Shu Hui, who said that according to the interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases (four), the 2013 parties agreed on the competition restrictions in the labor contract or the confidentiality agreement, but did not agree to give the laborers economic compensation after the termination or termination of the labor contract. The laborers fulfilled the obligation of competing restrictions. They could require the employer to pay according to the monthly salary of the twelve months of the twelve months before the termination or termination of the labor contract by the workers, and not less than the local minimum wage standard. The monthly payment should be paid by the month of 2013 months. Economic compensation 。

" Worker Those who violate the competition restriction agreement shall pay liquidated damages to the employing unit in accordance with the contract. The area, time limit, economic compensation and the amount of liquidated damages shall be agreed upon by the employing units and laborers, but the duration of a competition shall not exceed two years. " Cheng lawyers said that because of the employer's reasons that did not pay the economic compensation for three months, the worker could ask the people's court to terminate the competition restriction agreement and pay 3 months' economic compensation. Employing unit After paying the penalty, the employer may require the laborers to continue to perform the obligation of limitation of business according to the agreement.

What employees can enter into a non competition agreement? The lawyer believes that the scope of prohibition of business strife shall be in line with the scope of business secrets that employees are exposed to or may be exposed to when they are in office. The area of prohibition of business strife shall be limited to the geographical area related to the interests of business secret competition, and should not be extended to the whole industry or professional field.

Generally speaking, the more important posts in the enterprise, the business secret personnel, and not all the employees in the enterprise, the "Prohibition of business strife" provisions that are suitable for all the employees of the enterprise are invalid. If the articles of prohibition of competition are too wide, all employees or the vast majority of employees in the enterprise will not be able to engage in their own specialties or give full play to their expertise. This is undoubtedly the abuse of the provisions of "Prohibition of business strife", which will lead to the loss of the right to choose jobs and the unreasonable competition of qualified personnel in the market economy.