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It doesn't matter if there is any pension insurance or something.
Just look at this question.
Labor Contract Law of the People's Republic of China.
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.
It can be seen that he restricts you for two years, which is not wrong, but after the labor contract is dissolved or terminated, the employee will be given monthly economic compensation during the non-compete period, will your previous employer still pay you wages, is it not so stupid.
So you can rest assured, if he doesn't compensate you, then this agreement will be invalid, because as a laborer, I don't work with you, but I still have to survive, and if you don't pay me a salary, of course I can not be restricted by you.
I don't know where you are? In the case of Shenzhen, according to Articles 14 to 19 of the Regulations on the Protection of Technical Secrets of Enterprises in the Shenzhen Special Economic Zone, the enterprise may enter into a non-compete agreement with its employees, but:
1. The term shall not exceed 3 years;
2. Compensation must be paid, otherwise the agreement "terminates" (sic);
3. The compensation shall not be less than two-thirds of the total remuneration received from the enterprise in the last year before the employee leaves the enterprise. Where there is no agreement on compensation, the compensation is to be calculated in accordance with the minimum standards provided for in the preceding paragraph.
Don't worry about that.
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Binding, the company is also afraid that their own technology or what kind of craftsmanship will be brought to other companies by you, there are such provisions in the law, so it is very unfavorable to you!
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The non-compete agreement stipulated by the labor law is that senior employees in charge of "trade secrets" are not allowed to work on their own or in the same position for a certain period of time after leaving the company, but must be compensated. If it only restricts you from making parts for the same car within 2 years without compensation, this is an invalid agreement, and auto parts do not fall under the labor law.
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Agreements signed between enterprise legal persons in our country are legal if they are concluded in accordance with the law. The company needs to have the corresponding civil capacity, the expression of intent is true and legal, and the agreement does not harm the legitimate rights and interests of the state, the collective, or others, and does not violate the public order and good customs and the articles of association of the company, it is legal and valid.
1. Is the agreement between the marital spouse valid?
An agreement signed by the spouses during the marriage is valid if the following conditions are met:
1.At the time of entering into the agreement, both parties have the corresponding capacity for civil conduct;
2.The parties expressed their true intentions when entering into the agreement, and there was no fraud, coercion, etc.;
3.The content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
2. Whether the IOU will work without a handprint.
As long as the party who signed the IOU has the corresponding capacity for civil conduct, and the act of signing the IOU is an expression of its true intention, and it does not violate the provisions of the law or violate public order and good customs, it is legal and valid.
3. Whether the contract signed between the company and the natural person is valid.
The contract signed between the company and the natural person is valid if the following conditions are met:
1) The actor has the corresponding capacity for civil conduct.
2) The meaning is true.
3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
The contract shall be invalid under any of the following circumstances:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state.
2) Malicious collusion to harm the interests of the state, collectives, or third parties.
3) Concealing illegal purposes in a lawful form.
4) Harming the public interest.
5) Violating the mandatory provisions of laws and administrative regulations.
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