Do I need to comply with a non compete agreement after I leave my job, and I can t do my current job

If you have signed a non-compete agreement, you need to comply with the content of the agreement and are not allowed to engage in your original job, but the employer shall pay you compensation on a monthly basis, if the employer does not compensate you, you can no longer comply with the provisions of the non-compete agreement and continue to engage in your original job. If you still have any questions, you can search for "Legal Advice" or "Legal Advice" in the application market, and you can communicate with the lawyer after **app.

If the employer pays severance payment, the employee shall abide by the non-compete agreement.

If an employer has entered into a non-compete agreement with an employee, and after the employee's employment relationship is dissolved or terminated, the employee shall abide by the provisions of the non-compete agreement, and shall not obtain other employers that are in competition with the employer that produces or sells similar products or engages in the same kind of business, or starts its own business to produce or operate similar products. However, the employer shall pay the employee severance in accordance with the provisions of the contract.

According to the Interpretation (IV) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (Fa Shi 2013 No. 4), if the parties have agreed on a non-compete restriction in the labor contract or confidentiality agreement, but have not agreed to give the employee economic compensation after the termination or termination of the labor contract, the employee may require the employer to pay 30% of the employee's average salary for the 12 months prior to the termination or termination of the labor contract and not less than the local minimum wage, and pay monthly economic compensation.

If the employee fails to pay the severance for three months due to reasons attributable to the employer, the employee may request the people's court to terminate the non-compete agreement and pay the severance for three months. If an employee violates the non-compete agreement and pays liquidated damages to the employer, the employer may require the employee to continue to perform the non-compete obligation in accordance with the agreement.

1. Can I sign a non-compete agreement after leaving the company?

1. You can sign a non-compete agreement after leaving the job, as follows:

1) 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 the labor contract shall be terminated or terminated;

2) Provide monthly economic compensation to employees 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.

2. Legal basis: Article 23 of the Labor Contract Law of the People's Republic of China.

Confidentiality Obligations and Non-Competition Restrictions] 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. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

Article 24.

Scope and duration of non-compete restrictions] The personnel subject to non-compete restrictions are limited to the senior management personnel, senior technical personnel and other personnel who have a confidentiality obligation 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.

2. What are the circumstances under which a non-compete agreement is invalid?

The circumstances under which a non-compete agreement is invalid are as follows:

1. The subject of the agreement is wrong. The party to the non-compete agreement should be the owner of the trade secret, that is, the existence of the trade secret must exist, which is a very important prerequisite for the implementation of the non-compete agreement. In addition, the other party to the agreement must be a person who meets the conditions for the application of the non-compete restriction, and if the subject conditions for signing the agreement are not met, the agreement is likely to be invalid;

2. The period of non-competition is exceeded. The restriction period of a non-compete agreement shall not exceed two years. In other words, if the period agreed by the parties in the agreement exceeds two years, the excess part shall be deemed invalid;

3. Failure to compensate workers for hardship. If an employer asks an employee to sign a non-compete agreement, it must compensate the employee accordingly. If the non-compete agreement does not stipulate the amount of compensation or payment standard, the employer is allowed to negotiate with the employee on this matter, and if the employer does not agree to pay the compensation, the agreement will not be effective for the employee.