Changcheng was fined 5.25 million yuan for job hopping, how to change jobs safely?

Chang Cheng, the president of Lenovo, switched to Xiaomi, and the Labor Dispute Arbitration Commission announced the results of the ruling, and the result was that Chang Cheng should pay Lenovo 5.25 million liquidated damages. So how do we safely change jobs in our daily lives? First of all, the individual should not sign an employment contract with another new employer within the time frame of the employment contract signed with the previous employer.

If you really want to change jobs, you can wait for the end of the labor contract before changing jobs, which is also a manifestation of responsibility to both the company and the individual.

Chang Cheng must have known that there will be this situation now, job-hopping is a very normal phenomenon, but any job-hopping must also be established under the condition of abiding by laws and regulations, and it is not safe to do not comply with laws and regulations.

Many employees have signed an agreement with the company, and they have to lose money once they change jobs. Therefore, you must make a plan before taking up a job, and if you decide to change jobs, you must also do a good job handover to avoid falling behind.

Then we should first say hello to our original company and terminate the contract reasonably.

Chang Cheng, the former vice president of Lenovo, was awarded 5.25 million yuan in liquidated damages for the non-compete obligation by the Beijing Haidian District Labor and Personnel Dispute Arbitration Commission for failing to fulfill his non-compete obligation. <>

On December 31, 2019, Great Wall posted a Weibo post announcing its official resignation from Lenovo. Jumped to Xiaomi at the beginning of this year. At that time, Xiaomi's boss Lei Jun posted on Weibo that the Great Wall would join Xiaomi, and Chang Cheng also replied in Weibo, ** This Weibo. <>

Lenovo issued a statement in the afternoon of the same day, proving that the company and the executives had signed a non-compete clause, and the company could legally hold them accountable if they breached the contract. In June this year, Lenovo filed an arbitration against Chang Cheng, formally arguing that he had violated the non-compete agreement, and according to the non-compete agreement, Chang Cheng was not allowed to work in the same industry for two years, during which the company would give certain economic compensation to the departing executives. <>

Changcheng job hopping violates the non-compete restriction and is in China's labor contract law. Articles 23 and 24 stipulate that a non-compete restriction is a clause imposed by an employer on an employee who is responsible for guarding the employer's trade secrets. The time limit is generally agreed upon by the parties in advance, but not more than two years.

Employees who are responsible for keeping trade secrets are not allowed to work in a unit that competes with the original employer for similar products or business of the same kind during this period. They are also not allowed to produce similar products or operate similar businesses that compete with the original unit. The reason for the non-compete restriction is to prevent the departing employee from harming the company's interests.

Especially for people with special status such as directors and managers. Because this type of people usually involves the company's core secrets. There is a legitimacy in the non-compete itself.

No matter what you are working at**. As long as it involves core secrets, it should be kept confidential for the original unit. This in itself is not only the fulfillment of legal duties, but also a manifestation of one's own personality.

Moreover, if Chang Cheng conceals or provides false application information, causing Xiaomi to sign a labor contract with Great Wall without knowing it, he may also be held accountable by Xiaomi.

The ruling was impartial. There is an obligation to maintain a non-compete restriction, and they cannot work in the same industry, and they are also in the mobile phone industry, so they will be suspected of leaking secrets.

It is understood that the non-compete agreement referred to by Lenovo refers to the "Lenovo Restrictive Agreement" signed on July 27, 2017. What is strange is that, on the one hand, the handwriting on the agreement has been technically identified as a signature of Changcheng; On the other hand, Chang Cheng has always stated that he has not signed a non-compete agreement, and also said that the labor contract and several legal documents provided by Lenovo for the identification of handwriting were not signed by him. The Labor and Personnel Dispute Arbitration Commission ruled that Chang Cheng should pay liquidated damages of RMB 5,252,821 and 9 cents for breach of non-compete obligations within 10 days from the effective date of the award; In response to the judgment, Chang Cheng filed another lawsuit, and the specific circumstances have not yet been decided.

I think we must pay attention to the spirit of contract in everything we do, and the fact that I often change jobs is very devoid of the spirit of contract.

A personnel contract is a legally protected agreement that binds the company's personnel, and the company's personnel are required to abide by the contract signed with the company. Unlike the contracts of ordinary employees, the personnel contracts of some important positions that hold the lifeblood of the company often add a lot of binding agreements, which can ensure that the company's key positions are reduced and the company's key information and interests are not compromised. Therefore, when people in key positions leave and change jobs, there will be constraints.

Chang Cheng was sentenced to pay Lenovo 5.25 million for job hopping, and Chang Cheng will compensate, because this is a legal judgment and there is a mandatory judgment, so he can't help but not compensate. Next, let me talk about the reason why Chang Cheng was sentenced to pay Lenovo 5.25 million for job hopping, and he will compensate.

1. Changcheng will compensate Lenovo 5.25 million because he violated the contract and Changcheng was sentenced to pay Lenovo 5.25 million because Changcheng violated the contract agreement signed with Lenovo. Compensating Lenovo is a matter of course, and Chang Cheng will not bury his credibility in the industry and his reputation in society because it is not a lot of money for him.

2. Lenovo will be compensated 5.25 million for regular job hopping, because this is a mandatory regular job hop and Lenovo was sentenced to pay 5.25 million yes, this is the court's judgment. The court's judgment is mandatory after it takes effect, and it does not mean that if you do not pay compensation, you will not pay compensation. If you don't make compensation for a long time, you will be recorded in the list of dishonest people, and you will be restricted from spending freely, and after being restricted from spending, there is no point in making more money.

3. Changcheng will pay Lenovo 5.25 million because he has a higher income, and Changcheng will be sentenced to pay Lenovo 5.25 million because he has a higher income, which is something that can be psychologically prepared before changing jobs. As a senior talent, there must be consideration for such a thing as job-hopping compensation, since you can choose to change jobs after consideration, this shows that the advantages of job-hopping outweigh the disadvantages.

Definitely not, Chang Cheng violated the non-compete agreement, although the court ruled so, but it must be difficult to really enforce it.

If it is awarded by the court, it will definitely be compensated for this matter. affected the interests of the original company. He also undermined labor norms. In principle, he made a mistake first, so it stands to reason that he needs to be compensated.

Chang Cheng was sentenced to pay Lenovo 5.25 million for job hopping, and he will compensate, because this is a legal judgment and it is mandatory, so he has to compensate.

Yes, because this is an arbitration decision, I think he will abide by the arbitration decision and finally pay Lenovo 5.25 million.

Yes, because this is what he did wrong, so he needs to bear the consequences of changing jobs, so he will definitely pay for it.

No. Chang Cheng denied that he had signed the breach agreement before, and obviously did not want to pay compensation.

I think I'll appeal, after all, this amount is a bit much. However, there is no doubt that compensation should be compensated if there is a breach of contract, but it may be necessary to continue to confirm the amount.

I don't think it will be lost, because the figure of 5.25 million is too big.

After identification: Changcheng did sign a non-compete agreement, and needed to pay more than 5.25 million yuan in liquidated damages to Lenovo, and return the non-compete compensation previously paid by Lenovo, and at the same time, it was also necessary to continue to perform the non-compete agreement. Recently, Chang Cheng has made a big move to Xiaomi, Xiaomi was originally happy to hire important talents, but he didn't want Chang Cheng to sign a non-compete agreement with Lenovo, and the labor arbitration commission ruled that Chang Cheng needed to pay more than 5.25 million yuan in liquidated damages to Lenovo, and return the non-compete compensation paid by Lenovo before, and at the same time, it was also necessary to continue to perform the non-compete agreement.

This means that if Chang Cheng performs according to the judgment result, he will not only have to bear economic losses, but also leave Xiaomi and return to his old club Lenovo to continue to work, so it seems that the previous job hopping can be said to be meaningless and costly! <>

In the face of such a huge amount of compensation and the judgment to continue to perform the non-compete agreement, Chang Cheng did not perform. And a lawsuit has already been filed in court! Lenovo said that the judgment of the labor arbitration committee was correct and was deeply encouraged!

It means that this judgment is a matter of time, because the facts are there, although Chang Cheng does not admit to signing a non-compete agreement after professional appraisal, but after the appraisal of the professional department, the "Lenovo Restrictive Agreement" is indeed Chang Cheng's own handwriting! <>

At present, Chang Cheng has entrusted Zhonglun W&D Law Firm to file a lawsuit with the court! The law firm said the arbitration had not taken effect. That is to say, Changcheng does not need to compensate Lenovo for the time being, and the specific final situation still needs to wait for the court to make a judgment on Changcheng's lawsuit! <>

From a personal point of view, Chang Cheng's job hopping is indeed a bit of a big loss, after all, the amount of compensation is relatively huge! However, from the perspective of the enterprise, the executives of a company are commendable, and it can be said that both parties have some feelings for the long-term cooperation. But in the end, it went to the court, which is also a sad thing!

If a non-compete agreement is indeed signed, the judgment of labor arbitration should still be very fair!

Lenovo Changcheng announced a judgment on non-compete disputes, and the result of this judgment is to require Changcheng to continue to perform the non-compete obligation and pay Lenovo Mobile Communications Import and Export (Wuhan) **** more than 5.25 million yuan in liquidated damages for violating the non-compete obligation. In addition, the ruling also requires Changcheng to return more than 70,000 yuan (before tax) to Lenovo Mobile Communications Import and Export (Wuhan) in January 2020 for non-compete compensation. Personally, I think it's fairer.

Chang Cheng continued to fulfill the non-compete obligation and paid Lenovo Mobile Communications Import & Export (Wuhan) **** more than 5.25 million yuan in liquidated damages for violating the non-compete obligation. It's very fair, and people can't stand without integrity.

Changcheng needs to pay more than 5 million yuan in liquidated damages, and it is necessary to continue to perform the non-compete agreement, which is still very controversial, after all, this liquidated damages are very high, and it is necessary to continue to perform the agreement, which is too costly for Changcheng.

As we all know, as an Internet brand Lenovo, it still has a certain reputation and status in China, but whatever happens will attract the most attention. Chang Cheng, as the core figure and vice president of Lenovo, officially announced his resignation from Lenovo on Weibo on December 31, 2019, which attracted the attention of netizens, but then jumped to Xiaomi and was sued by Lenovo.

I believe that many people have many questions about why they quit their jobs and can't go to other companies for employment. You must know that as a company, with today's development, it is inseparable from the company's rules and regulations to manage it, just like the predecessors said that there are no rules, and natural managers also need rules to restrain and manage. As the core figure of Lenovo, Chang Cheng is responsible for product planning and product development in the future market, almost touching the company's core technology of internal affairs, and suddenly resigning, which will have some impact on the company's development, but people have their own aspirations, we can not limit where people go, we can only formulate policies to minimize losses.

According to **, before Lenovo hired Chang Cheng, they signed a labor contract. This is to protect the company and protect the rights and interests of workers. Discuss Lenovo and Changcheng, that is to say, if Changcheng resigns from Lenovo, he will essentially be subject to a non-compete agreement, and Changcheng must fulfill the agreement in the contract, and he will not be allowed to go to his peers to participate in work or operate peer products for two years, but during this period, Lenovo will also pay Changcheng a severance allowance.

Later, the company also fulfilled its obligations in accordance with the contract, but Changcheng did not comply with the regulations. In addition, Xiaomi, a fellow worker with Lenovo, violated the non-compete agreement, which violated the labor agreement in law, and Changcheng should compensate Lenovo for the losses and return the severance allowance that Lenovo issued to Changcheng before, and continue to perform the non-compete agreement.

Hope to take warning, when others sign the contract, the contract should be fulfilled, do not escape with a fluke mentality, signing the contract is related to the development of the enterprise, during the contract period the company will regularly pay attention to your movements, so when signing a contract with others, we should strictly perform our contract, so as not to cause unnecessary losses.

Of course, I violated the labor agreement, and I was fined more than 5 million yuan by the arbitration department, so I think the most important thing as a professional is to have the spirit of contract.

Violation of labor agreements. In order to prevent malicious competition, there needs to be non-compete restrictions in the same industry. Chang Cheng jumped to Xiaomi, which is a violation of this agreement.

The Labor Dispute Arbitration Commission has announced the verdict on the case of "former Lenovo Vice President Chang Cheng jumping to Xiaomi", and Chang Cheng will continue to fulfill the non-compete obligation and pay 5.25 million yuan in liquidated damages for violating the non-compete obligation.

Chang Cheng is the former vice president of Lenovo, and his job at Xiaomi has attracted social attention. At the beginning of the year, Lenovo announced the resignation of Chang Cheng, the person in charge of mobile phones, and two days later Xiaomi released official news that Chang Cheng joined Xiaomi as vice president of Xiaomi Group, responsible for mobile phone product planning. Lenovo said that the company had signed a non-compete agreement with Changcheng and paid it more than 5 million yuan for the equity consideration of the non-compete equity.

Lenovo also claimed that it also paid non-compete compensation to Changcheng after he left the company. In the whole process, Lenovo suffered a big loss, so it filed a labor arbitration against Chang Cheng to the arbitration court. It is also required to return its equity, pay liquidated damages, and continue to perform its obligations under the non-compete agreement.

According to the provisions of the Labor Contract Law on non-competition, the law allows an employer to enter into a non-compete agreement with an employee who knows the company's trade secrets, stipulating that the employee shall not work with a competing employer for no more than two years after leaving the company. During the restriction period, the employer is required to pay the employee non-compete compensation. If the employer fails to pay compensation, the employee may not perform the non-compete obligation.

If an employee violates the non-compete obligation, he/she is required to pay liquidated damages to the employer in addition to the non-compete compensation. The employer may also request the employee to continue to perform the non-compete obligation.

In this case, money is not going to solve the problem. Chang Cheng himself did not respond to this matter, but things have developed to this point, and it is obvious that it is difficult for Chang Cheng to continue to stay in Xiaomi. However, to our surprise, Chang Cheng was not affected in any way by this incident.

Throughout the incident, Lenovo's actions were reasonable and in accordance with the provisions of the law. On the other hand, it is incomprehensible that Chang Cheng ignores the express provisions of the law. Although the incident has no impact on Changcheng at present, what should Changcheng do in the future?

I think the law will give us the answer, and at the same time, it will give Lenovo an explanation.