Can I use the non compete agreement in the previous contract period and resign in the next contract

Employees whose contracts have not expired can also apply for resignation, and there are three ways to resolve the resignation issue:

1. The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

2. The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the third probationary period, the employer may terminate the labor contract if the employer falls under any of the following circumstances:

1.Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2.Failure to pay labor remuneration in full and in a timely manner;

3.Failure to pay social insurance premiums for workers in accordance with the law;

4.The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

5.Other circumstances under which the employee may terminate the labor contract as provided by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

The expiration of the contract is a natural termination and there is no need to submit a resignation, as the resignation is made within the term of the contract.

To receive unemployment insurance, the following conditions must be met: those who have participated in unemployment insurance in accordance with the regulations, and whose units and individuals have fulfilled their obligation to pay contributions in accordance with the regulations and have been satisfied with the interruption of employment for one year without their own will, have already gone through unemployment registration and have job search requirements.

Legal Analysis: Effective. The non-compete agreement is binding for two years after leaving the company. However, if the employer fails to pay the non-compete compensation, the non-compete agreement is not binding on the employee.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.

Analysis of the law of law and sailing: the binding effect of the non-compete agreement is within two years after the resignation. However, if the employer fails to pay the non-compete compensation, the non-compete agreement is not binding on the employee.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, the labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The labor contract may be terminated if the employer and the worker reach a consensus through consultation.

If the non-compete agreement is entered into between the employer and the employee in accordance with the law, and both parties sign or seal the agreement, it is valid. Both parties shall abide by the provisions of the agreement, and if one party breaches the contract, it shall bear the liability for breach of contract such as payment of liquidated damages.

Article 23 of the Labor Contract Law of the People's Republic of China For an employee who is obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the labor contract or pre-stocking confidentiality agreement, and agree that after the termination or termination of the labor contract, the employee shall be compensated monthly within the non-compete period. If the employee violates the agreement on the non-compete system, he shall pay liquidated damages to the employer in accordance with the agreement. Article 24 of the Labor Contract Law of the People's Republic of China stipulates that the personnel subject to non-competition restrictions are limited to the senior management personnel, senior technical personnel and other personnel who are obliged to maintain confidentiality.

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.