Is such a non compete contract valid? 200

Article 23 of the Labor Contract Law stipulates that "an employer may stipulate a non-compete clause with an employee in an employment contract or confidentiality agreement, and agree that after the termination or termination of the labor contract, the employee shall be compensated monthly during the period of non-competition." If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement", and according to the provisions of the Company Law, the non-compete contract is generally two years, so the non-compete contract signed between you and the employer should be said to be valid.

From the above legal provisions, it is easy to know that the non-compete compensation is paid by the original employer during the restriction period. Fundamentally speaking, a non-compete agreement or clause is still a contract, and in a contractual relationship, if one party breaches the contract, it shall bear the corresponding liability for breach of contract, so you can require the original employer to pay economic compensation for non-payment.

Of course, you can also violate the non-compete agreement, but you will have to bear the "agreed to pay liquidated damages to the employer", which is linked to economic compensation.

According to Article 24 of the Labor Contract Law, the personnel subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employer. The scope, region, and duration of the non-compete restriction shall be agreed upon by the employer and the employee, and the agreement on the non-compete restriction shall not violate the provisions of laws and regulations.

What is your position in the company, if it is not a senior manager, senior technical personnel, and it is just a daily work, and there is no position involving any company secrets, the subject signed is not legal, and the contract is invalid, which is more likely to be the breakthrough point to solve the problem.

The contract is agreed upon by both parties, and you can not sign it if you don't agree to it. The illegal part of the contract is invalid, but the valid part is still valid, and if it is not a confidential person, the non-compete clause is invalid against it. That is to say, employees who are engaged in classified positions, if you sign it, should be executed according to the contract; However, even if a person is engaged in a non-classified position, even if he signs this clause, it has no effect.

This is a breach of contract, not an invalidity. Now that the compensation has not been paid, the company has constituted a breach of contract, and you can request to terminate the contract. Then the contract is not binding on you.

This is not legal and should be paid at the actual wage level.

I don't know how the contract between you and your unit agrees on the compensation fee, but it is calculated according to 1 3 of 750 yuan.

That's completely unfounded.

The unit must have violated the law, so you should negotiate with the unit, and if the unit does not agree, go through the legal process.

Trade secrets are related to the competitiveness of enterprises, are crucial to the development of enterprises, and some even directly affect the survival of enterprises.

Legal analysis: The content of the non-compete contract includes: 1. Without the consent of Party A, Party B shall not engage in the following behaviors during its tenure:

Start your own business to produce or operate products similar to those produced or operated by Party A; Wait; 2. Party B's non-compete obligation after resignation; 3. Non-compete compensation; 4. Liability for breach of contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 64 Dispatched workers have the right to participate in or organize trade unions in labor dispatch units or employing units in accordance with the law to safeguard their lawful rights and interests.

Article 65 A dispatched worker may terminate a labor contract with a labor dispatch entity in accordance with the provisions of Articles 36 and 38 of this Law.

If a dispatched worker falls under the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 4 of this Law, the employer may return the worker to the labor dispatch unit, and the labor dispatch unit may terminate the labor contract with the worker in accordance with the relevant provisions of this Law.

Under the double reduction policy, the off-campus training institutions have ceased to operate, is the previous non-compete agreement with the employee still binding?

A non-compete contract is a type of contract, which is fundamentally different from a general contract because it restricts the employee's right to choose his or her employment freely. A non-compete contract, also known as a "non-compete contract", refers to an act entered into between an employer and an employee to bind its employees from competing with the employer for a period of time after they are in office or leave the company.

A non-compete contract can be signed at the time of the establishment of the employment relationship between the parties and at the end of the employment relationship.