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Unless a confidentiality agreement is signed at the time of resignation, there is generally no such provision.
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If the employment contract stipulates it, it is legal, and if it is violated, the factory can hold you responsible. However, such an agreement should have a time limit, which is generally limited to two years, after which you can be employed in the same industry.
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In this case, some companies or factories will sign an agreement before the employee joins the company, that is, if the employee has mastered certain special skills, such as some confidential technology of the company, then after you leave the company. How much time can I not work in the same type of work in the same class.
Hope mine can be you.
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If you belong to the high-end technical talents, and you have signed a confidentiality agreement with the original company, the company requires you to not find a job with your peers for a certain period of time after you leave the company, which is reasonable!
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There should be no regulations in this regard, but some skilled workers in the original unit to him spend a lot of money on further training, if he wants to leave the company will take all the technology away, so that the factory may require him not to engage in the same industry when he leaves, but a few can abide by this.
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It is useless to just stipulate in the factory. A non-compete agreement should be signed with the employee. In the agreement, both parties clarify their obligations and responsibilities. And there is a non-compete fee to pay.
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There is no such provision, and such a provision is also illegal.
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If there is no such provision, it will be a violation of human rights.
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If you change jobs to other companies, in order to avoid disclosing their ideas and technologies to other companies, this restriction clause will appear, and the general contract states that you cannot continue to engage in related work in the same industry within two years after leaving the company, so as long as the binding time in the contract is within two years, it is in accordance with the regulations.
According to Article 23 of the Labor Contract Law of the People's Republic of China, 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 The personnel subject to non-competition restrictions shall be 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 the laws and regulations of Minzheng.
After the dissolution or termination of the labor contract, the period of non-competition for the personnel specified 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.
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This is some unspoken rules, because sometimes there will be some industry secrets or corporate insiders, and there may be information leakage problems when working in the same industry after leaving the company.
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You can work in the same industry, but most of them will be after a year. It's that you sign a so-called non-disclosure agreement when you go to work.
Not only in the service industry, but also in general, more advanced companies that rely on technological leadership will do so. If you change jobs and go to a random company, it's easy to expose their ideas and technology to other companies.
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This is in line with the non-compete clause of the Labor Law Contract Law, of course, whether to set such a clause depends on the company's own situation, and it is generally attached to the labor contract, and you must sign it if you want to do this job. If you leave your job and do not do the same work according to the contract, the original company will compensate you. Generally, enterprises will not pay special attention to this clause, and generally do not pay compensation, he does not compensate you is a breach of contract, of course you can breach the contract to engage in the same kind of work, so it is basically a clause for a few high-end industries and positions, which is of little significance to ordinary people.
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Legal analysis: 1. Is it okay to leave the factory without leaving?
After signing the contract, although you can resign, you can't resign casually, and you need to notify the unit in writing 30 days in advance of the resignation, and notify the unit 3 days in advance of the probationary period. In addition, you can resign if you agree with the employer, and if the employer agrees, you can terminate the labor relationship immediately. Since the parties have not yet started work, they will generally agree on a probationary period, and the labor contract can be terminated by notifying the employer 3 days in advance, or by reaching an agreement with the employer.
2. Economic compensation for the termination of labor relations.
1) Payment of severance under normal circumstances.
1.Under any of the following circumstances, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer; If the employee has worked in the unit for less than one year, he shall be paid severance according to the standard of one month's salary
1) The employer compels the employee to terminate the labor contract by means of violence, threat or illegal restriction of personal freedom;
2) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, forcing the employee to terminate the labor contract;
3) The employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the medical treatment period, and the employer proposes to terminate the labor contract;
4) The employer proposes to terminate the pre-employment contract due to a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;
5) The employer lays off employees and terminates the labor contract with the employee;
6) The employer is revoked or dissolved, and the labor contract is terminated with the employee;
7) Other circumstances stipulated by laws and administrative regulations.
2.If the employee's monthly wage is lower than the employer's average monthly wage, the severance shall be calculated according to the employer's average monthly wage; If the average monthly wage of the employer is lower than the minimum wage standard stipulated by the local people**, the severance payment of the employee shall be calculated according to the minimum wage standard not lower than that stipulated by the local **.
The term "monthly wage" as used in this article refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract under the normal production and operation of the employer.
3.If an employer is declared bankrupt in accordance with the law and terminates the labor contract with the employee, it shall give the employee economic compensation or a resettlement allowance in accordance with the relevant provisions of the state.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China stipulates that "an employee may terminate a labor contract by notifying the employer in writing 30 days in advance." The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 36 of the Labor Contract Law of the People's Republic of China: An employer and an employee may terminate a labor contract if they reach a consensus through consultation.
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