Is it fair that the contract stipulates that you will not be allowed to join another company for fiv

This may be the case for certain persons for two years.

After this regulation, the company has to give some financial compensation.

If there is no amount stipulated in the contract, the court may sue the company to give it, but this agreement is still valid.

Labor Contract Law.

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.

Supreme People's Court.

Interpretation on Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (1).

Article 36: Where 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 dissolution or termination of the labor contract, and the worker has fulfilled the non-compete obligation and requested the employer to pay the employee 30% of the employee's average salary on a monthly basis in accordance with 30% of the employee's average salary in the 12 months prior to the termination or termination of the labor contract, the people's court shall support it.

Where 30% of the average monthly wage provided for in the preceding paragraph is lower than the minimum wage standard of the place where the labor contract is performed, it shall be paid in accordance with the minimum wage standard of the place where the labor contract is performed.

Article 37 Where the parties have agreed on non-compete and economic compensation in the labor contract or confidentiality agreement, and when the parties terminate the labor contract, unless otherwise agreed, the employer requires the employee to perform the non-compete obligation, or the employee requests the employer to pay economic compensation after the employee has fulfilled the non-compete obligation, the people's court shall support it.

Article 38: Where the parties have agreed on non-compete and economic compensation in the labor contract or confidentiality agreement, and after the labor contract is dissolved or terminated, the labor force fails to pay the economic compensation for three months due to reasons attributable to the employer, and the employee requests to have the non-compete agreement lifted, the people's court shall support it.

Article 39: Where an employer requests to terminate a non-compete agreement during the period of non-competition, the people's court shall support it.

When the non-compete agreement is terminated, if the employee requests the employer to pay the employee an additional three months of non-compete economic compensation, the people's court shall support it.

Article 40: Where a worker violates a non-compete agreement and pays liquidated damages to the employer, and the employer requests the worker to continue to perform the non-compete obligation in accordance with the agreement, the people's court shall support it.

This is a non-compete agreement, which is legal and valid, but if you sign such an agreement, the company should give you a certain amount of compensation, and if you feel that the agreement is unfair, you can appeal.

The contract stipulates that you will not be allowed to join another company within five years after resigning, which is not unfair, because some industries are highly competitive, and technical confidentiality between peers must be done. However, there will be a compensation agreement in this contract. So as long as you sign a contract, you have to act according to the contract, there is nothing unfair about it.

Illegal. This is a non-compete restriction and is limited to the senior management personnel, senior technical personnel and other personnel who are obliged to maintain confidentiality. The period of non-competition restriction shall not exceed two years for restricting personnel from other employers that have a competitive relationship with the unit that produces or sells similar products or engaged in similar business, or if they start their own business to produce or operate similar products or engage in similar business, and the employer shall give economic compensation.

It is certainly fair that there is such a provision in the contract. Generally speaking, as long as there is such a prohibitive contract. The company should pay a compensation fee to the other party. If there is no reimbursement of the cost, then the contract appears fair.

The contract stipulates that you are not allowed to join other companies within five years of resignation, which is not fair or unfair, there are rules for doing that line, in addition to respecting discipline and abiding by the law, since you have signed the contract, you must abide by the rules of conduct.

I think this is very unfair, but since you choose this job, you agree to this rule, so you can only abide by the terms of the contract.

It seems to be illegal. 5 years is too long, the law on non-compete contracts does not exceed 3 years, and it is necessary to give non-compete compensation on a regular basis every month, Shanghai has a clear provision that non-compete compensation shall not be less than 30% of wages, but I don't know if there are relevant regulations in the area where the questioner is located. The questioner will need to provide their region to be sure.

It is not lawful, and the non-compete period is up to two years, and you need to pay compensation, if you do not pay, you can not comply with this provision.

The contract stipulates that you will not be allowed to join another company in the same industry for five years after resigning, and such a contract is of course unfair.

It's a competition clause, so there's nothing unfair about it, you can get the contract, you can read the terms of the contract carefully, and if you don't think it's acceptable, then you can refuse to sign the contract.

This kind of regulation feels unfair and unreasonable, but the premise is that when you joined the company at that time, why did you sign that contract knowing that it was unfair? Since you have signed a contract, you should follow it, otherwise you will break the law.

Within five years after resignation, it is not allowed to talk about peers with other companies. Of course, this is unfair, because such provisions in the labor law are of course illegal.

Hello, although the company's regulations are unfair, it has been clearly stipulated in the contract that the company is also to protect its legitimate rights and interests, and does not want employees to frequently switch jobs to competitor companies.

If you are not a senior manager, senior technical personnel or other personnel with confidentiality obligations of the employer, then the provisions of the employment contract violate the provisions of the Labor Contract Law, and even if they are signed and sealed by both parties, it will be invalid.

If you belong to the senior management personnel, senior technical personnel or other personnel with confidentiality obligations of the employer, then the two parties may agree on a non-compete restriction through consultation, but the non-compete period shall not exceed two years, and if the actual agreement exceeds two years, the excess part shall be invalid. During the non-compete period of up to two years after the employee's resignation, the original employer shall pay the employee a certain percentage of the employee's wages every month, and if the employer does not pay the non-compete compensation, the employee may not be exempted from the non-compete payment.

For this situation, I think the contract must be unfair, that is to say, this job is my own choice, I can do it, I can not do it, this is my freedom, he said this, he must be afraid that their customers will pull to other companies, so there will be this contract.

If you feel unfair, then don't agree, if you sign the contract, it means that you agree to the provisions, whether it's fair or not, then you have to abide by the provisions of the contract, if you feel unfair, you can refuse to sign, modify and then sign.

It is also fair and understandable that it mainly involves matters of a confidential nature to the enterprise.

This is a commercial confidentiality agreement, since it is a signed contract, it should be complied with, of course, the contract should stipulate that there is a corresponding compensation fee, if you do not have you can apply to the local labor inspection department for arbitration.

This is a non-compete clause, which is possible, but do they stipulate that you will be compensated on a monthly basis during the five-year period, and if there is no compensation, then there is no need to abide by the agreement.

Is it fair to stipulate that you are not allowed to join other companies in the same industry for five years? I don't think it's fair, since I've already done an internship, it doesn't matter which company I get into.

Look at the nature of the position. It is a non-compete agreement, and the company shall pay economic compensation. Generally, the employee shall be paid monthly economic compensation at 30% of the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, and if 30% of the average monthly wage is lower than the minimum wage standard of the place where the labor contract is performed, it shall be paid according to the minimum wage standard of the place where the labor contract is performed.

Is it fair that the contract stipulates that you will not be allowed to join another company within five years after resigning, and this is an industry practice to prevent competition in the same industry.

It is unfair to contract a five-year resignation from the same company.

This agreement is available in many industries, and if you don't join another company, your previous company will compensate you, and if they don't give you, you can join another company.

If you sign a non-compete agreement, you will be compensated, generally rarely signed for 5 years, most of them are between 1 and 2 years, and signing for such a long time means that you have to pay a large amount of compensation

Generally, for some special positions, a non-compete restriction can be agreed, but this is a separate contract to be signed and compensation to be paid.

It depends on the industry.

Some industries can do this. Because the interests of the company may be involved.

The contract, by consensus, is decided, it must be observed, otherwise it will not be determined.

Conclusion: Not legal.

Analysis: 1. You cannot work in the same industry within three years, which is a violation of the Labor Contract Law.

2. The confidentiality agreement and the non-compete agreement are two different things, the confidentiality agreement cannot bind the employee to engage in the same or similar industry after leaving the job, and the prohibition agreement can bind the employee not to engage in the same or similar industry for a period of time after leaving the job, but the maximum period shall not exceed two years, and the original employer needs to pay the employee severance during the non-compete period, and the standard of severance is agreed by both parties and agreed by both parties in the prohibition agreement.

Summary. Hello! According to the provisions of the Labor Contract Law, not engaging in a company in the same industry within two years after resignation is a non-compete agreement, which needs to be clearly stipulated in the labor contract or termination agreement, and should be reasonable.

At the same time, the signing of non-compete agreements shall comply with the provisions of laws and administrative regulations and the public interest.

Hello! According to the provisions of the Labor Contract Law, not engaging in a company in the same industry within two years after resignation is a non-compete agreement, which needs to be clearly stipulated in the labor contract or termination agreement, and should be reasonable. At the same time, the signing of non-compete agreements shall comply with the provisions of laws and administrative regulations and the public interest.

Extended supplement: A non-compete agreement refers to an agreement between the parties to an employment contract that restricts an employee from engaging in employment activities with a competitor for a certain period of time after the employee leaves the current employer. Non-compete agreements are usually used to protect the trade secrets and customer resources of the original employment agency, but there are also certain restrictions, so it is necessary to pay special attention to the reasonableness of the clauses when signing them, so as to avoid excessive restrictions and infringement of the rights and interests of employees.

At the same time, in the process of executing the potato, if it is found that the two parties have violated the agreement, the filer can protect his rights and interests through legal channels.

Summary. Kiss <>

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It is reasonable to sign a contract with the company not to engage in the same industry for two years after resignation, and the company and the employee need to sign a written non-compete agreement to clarify the period, region and scope of the employee who will be restricted from working in the same industry after resignation.

Sign a contract with the company and not engage in the same industry within two years after leaving the company.

Kiss <>

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If you sign a contract with the company that you will not engage in the same industry within two years after leaving the company, you need to sign a written non-compete agreement between the company and the employee Youzu Branch, which clarifies the period of time, what region and what scope of the employee is restricted from working in the same industry after resignation.

Legal basis: Article 23 of the Labor Contract Law stipulates that 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 labor contract or confidentiality agreement, and agree that after the termination or termination of the labor contract, the employer may pay the employee economic compensation on a monthly basis during the non-compete period.

If an employee violates the non-compete agreement, he or she shall pay liquidated damages to the employer in accordance with the agreement.