Does the law stipulate that a person cannot do the same work within three years of resigning from th

If the employer has signed a non-compete agreement with the employee, the employee shall not engage in a competitive position in the same industry within two years of resignation.

However, the employer shall pay the employee compensation for the non-compete restriction within the period of the non-compete restriction at the rate of 30% of the employee's salary and not lower than the local minimum wage.

If the employer has not signed a written non-compete agreement with the employee or has signed a non-compete compensation for non-payment, the employee does not need to comply with the current non-compete constraints and can work freely.

Article 24 of the Labor Contract Law stipulates that the persons 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.

The administrative unit may have such a provision, but the law will never stipulate it!

There is no such rule, unless you have such a contract with the company.

Executives who vaguely remember that they have company secrets cannot engage in non-compete business.

The Labor Contract Law stipulates: Only when the employer and the employee have agreed on a "non-compete restriction" can the employee not be required to do the same work for two years. If a non-compete restriction is agreed, the employer shall pay the employee economic compensation for the non-competition.

1. Labor contract refers to the agreement between the employee and the employer that establishes the labor relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations. The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

2. A labor contract is an agreement between an employee and an employer to establish a labor relationship and clarify the rights and obligations of both parties. According to this agreement, the worker is added to the employer, such as an enterprise, an individual economic organization, a public institution, a state agency, a social organization, etc., and becomes a member of the unit, undertakes a certain type of work, post or position, and abides by the internal labor rules and other conditions of the employer.

3. The employer shall arrange the employment of the worker in a timely manner, pay the labor remuneration according to the quantity and quality of the labor provided by the worker, and provide the necessary working conditions in accordance with the labor laws, regulations and labor contracts, so as to ensure that the worker enjoys labor protection, social insurance, welfare and other rights and treatments.

Summary. This depends on whether you have signed a non-compete agreement with the company, if you have signed a non-compete agreement when you sign the labor contract, and the company has given you a certain amount of compensation when you leave the company, then you are not allowed to engage in the relevant industry within one year is in accordance with the law, on the contrary, if the company does not give you the relevant compensation, and then you leave normally, the company's non-compete agreement does not comply with the relevant regulations. You can work in the same field.

I quit my job and the company barred me from working in the same field for 1 year, is it legal?

This depends on whether you have signed a non-compete agreement with the company, if you have signed a non-compete agreement when you sign the labor contract, and the company has given you a certain amount of compensation when you leave the company, then you are not allowed to engage in the relevant industry within one year is in accordance with the law, on the contrary, if the company does not give you the relevant compensation, and then you leave normally, the company's non-compete agreement does not comply with the relevant regulations. You can work in the same field.

In addition, the non-compete agreement is financially compensated.

1. If there is a dispute, the worker may apply for arbitration to the labor and personnel dispute arbitration commission at the place where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.

If the employer has agreed on a non-compete restriction, the employer shall not engage in the same industry within two years after resignation, but the employer shall pay the non-compete compensation.

2. Labor Contract Law

Article 23 The employer and the worker may stipulate 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.

Some netizens asked: When resigning, the company requires to sign an agreement, and cannot engage in work in related professional fields within half a year, does not sign an agreement, does not give resignation certificates, and needs to provide personal social security information to the company within half a year of resignation, but the company will pay 30% of the salary every month for half a year after resignation, is this requirement reasonable?

Lawyer answers:If your work does involve trade secrets, then there is no problem in signing such a non-compete agreement, and you may have to stay at home for the next six months or make a transition to cross-industry employment. However, if your job does not involve trade secrets, the agreement is invalid for you, and you can also work for the company you want to go to after signing it, but this practice of binding the resignation certificate to the non-compete agreement is not only extremely unreasonable but also illegal.

First of all, we want to be clearThis kind of agreement to not be able to engage in work in the relevant professional field within half a year after resignation is called a non-compete agreement, and the non-compete agreement is protected by lawBecause the agreement protects the company's trade secrets and employees' rights and interests, and maintains professional ethics and industry order. However, this kind of agreement is mainly aimed at employees of the employer who hold trade secrets (including core technology, business strategy, customer information, etc.), and usually restricts or prohibits such employees from working in hostile enterprises or enterprises in related industries after leaving the company, so as to prevent the disclosure of their own trade secrets.

However, the non-compete period cannot exceed two years, and the enterprise must also pay monthly economic compensation during the non-compete period. If the employee's work does not involve the company's secrets, or if the employee happens to know some "secrets" due to a non-working relationship such as internal gossip, there is no need to enter into a non-compete agreementEven if it is signed, the law does not recognize the validity of the agreement, that is, the agreement is invalid, and the employee can still go to work for the company he wants to go to after signing it.

Secondly,A non-compete agreement is not linked to a resignation certificate, and it would be extremely unreasonable and illegal for an enterprise to try to force an employee to sign a non-compete agreement in this way. According to the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, enterprises have the obligation to issue a resignation certificate in accordance with the law for employees who leave the company, and if the employee loses due to the failure to issue it in a timely manner in accordance with the law, the enterprise also needs to bear the corresponding liability for compensation. Therefore,Even if there is no non-compete agreement, the resignation certificate must be issued by the enterprise, and if it is not issued, it can be reported to the labor administrative department.

Although from a legal point of view, such a practice is not legal, and employees have enough reasons to refuse or even report to the relevant departments. However, from the perspective of the actual time and energy spent, since the company has signed the non-compete agreement, it can directly issue a resignation certificate, and it can be signed.

Because if your work does involve trade secrets, then this is also one of the rules that must be followed in the industry, and if you violate this agreement to work in a relevant company, the company must not be willing to accept an employee who is unwilling to abide by the rules of the industryIf your job does not involve trade secrets, then signing an invalid non-compete agreement will have no impact on your next job, and it will save time and effort, so why not?

When joining the company, everyone will sign an employment contract, because special industries will require the signing of a limited agreement to engage in the industry, such as not being able to work in the same field for one year, which is legal and needs to be complied with.

Hello, happy to answer for you. Neither the labor law nor the labor contract has this provision, but there is a confidentiality provision, as long as the company's secrets are not disclosed, it will not affect the employee to engage in the same job. If you have signed a non-compete agreement with the company, you will carry out the non-compete obligation according to the agreement and will not work in the same company for 2 years; At the same time, the company shall pay non-compete compensation, and during the non-compete period, the company shall pay the employee on a monthly basis, otherwise the employee is not required to perform the non-compete work.

Hope it helps you and I wish you happiness and happiness every day! 欄欄

It is legal to give money, and it is not legal to give money.

Or rather, it's called a confidentiality fee.

Legal, but it depends on whether you have a non-compete agreement with the original company.