What are the clear provisions of the Labor Law on non competition restrictions?

According to the relevant provisions of the Labor Contract Law of the People's Republic of China, which came into force on January 1, 2008, Article 23: The employer and the employee may agree in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 The persons subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have the obligation of confidentiality 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. After the dissolution or termination of the labor contract, the period of non-competition for the personnel provided for in the preceding paragraph to go to another employer that has a competitive relationship with the unit that produces or sells the same kind of products or engages in the same kind of business, or starts their own business to produce or operate the same kind of products or engage in the same kind of business, shall not exceed two years. Encyclopedia.

Provisions: The employer and the employee may agree in the employment contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period.

Article 23 of the Labor Contract Law of the People's Republic of China The employer and the employee may agree in the contract to keep the employer's trade secrets and confidential matters related to intellectual property rights. For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the labor contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated according to the spinal kernel roll over 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.

1.This is a misreading of the Labor Law, and the clause of voluntary waiver of non-compete compensation is invalid, while other content agreements are valid.

2.The labor contract is kept by the company, and if you do not have a contract, you can file a complaint with the local labor inspection detachment, and the labor bureau will order it to correct it.

You can choose not to sign it, and if you do, it will be valid. If you give up the non-compete, you will no longer be subject to the non-compete.

First of all, it is illegal for the employer not to give you a copy of the labor contract.

A non-compete restriction is a restriction on an employee's choice of employment after terminating the employment contract, and the employer should pay him a certain amount of compensation every year. According to the provisions of the Labor Contract Law, an employee is required to pay liquidated damages for violating the non-compete provisions, which is also one of the few clauses in the new law that can stipulate liquidated damages.

In my opinion, if the termination of the employment contract is due to the employee's voluntary resignation, and such resignation is not caused by the illegal acts of the employer, such as insufficient payment of overtime pay, etc., it is still subject to the non-compete clause. If it is said that the contract is equivalent to voluntary waiver, this clause is inappropriate, it should be that the non-compete restriction still exists, the employer should also pay the non-compete compensation, and you should keep the confidentiality according to the regulations. If the employer does not pay compensation, you certainly do not have to comply with it.

Such a convention works!