Can I refuse to sign a non compete agreement when I leave my job?

If the labor contract is not signed, it shall be agreed and severance shall be paid.

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.

If there is a grant, it can be negotiated. If the employee applies in writing to the employer for resignation one month in advance (three days in advance of the probationary period), or negotiates with the employer with the consent of the employer, or if the employer violates the law, the party concerned can resign. It is illegal for a unit to deliberately make it difficult for a person to leave his job, and he or she may appeal to the labor administrative department.

Part-time employment, not required.

Legal Analysis: Employees who sign non-compete agreements can refuse to sign them. If there is a major dispute between the employer and the employee on the supplementary agreement, the employee may refuse to sign it.

However, even if you refuse to sign a non-compete agreement, if you share the trade secrets of the company that has left the company in the future, causing damage to the right holder, you will still need to bear the legal responsibility for infringing on the confidentiality of the trade secret. If it causes relatively large losses, it may also be found to be a crime of infringing on trade secrets, and criminal liability may be borne.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 10 Where an employee violates the non-compete agreement and pays liquidated damages to the employer, and the employer requests the employee to continue to perform the non-compete obligation in accordance with the agreement, the people's court shall support it.

If you sign a non-compete agreement when you leave your job, can you refuse to sign a non-compete agreement?

Hello, if there is a big dispute between the employer and the employee about this supplementary agreement, the employee can refuse to sign it. If the employer coerces the employee by refusing to go through the formalities of terminating the labor contract, not only is it not the law of Fu Kaisan, but the agreement itself is also invalid, and the employee can appeal to the labor arbitration commission or the labor inspection department.

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Yes, it can be refused. After leaving the company, the employee cannot join a competitor company or engage in a similar business for a certain period of time. The purpose of a non-compete agreement is to protect the company's trade secrets and interests.

If you do not agree to sign a non-compete agreement, you can negotiate with your employer and try to modify or delete the unreasonable terms. You and your employer can't come to an agreement, and you can choose not to sign the agreement.

Can I refuse to sign a non-compete agreement after leaving the company?

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Yes, it can be refused. After leaving the company, the employee cannot join a competitor company or engage in a similar business for a certain period of time. The purpose of a non-compete agreement is to protect or protect the company's trade secrets and interests.

If you do not agree to sign a non-compete agreement, you can negotiate with your employer and try to modify the package or remove unreasonable terms. You and your employer can't come to an agreement, and you can choose not to sign the agreement.

Legal BasisThe legal basis of non-compete agreements mainly includes the Labor Law of the People's Republic of China, the Contract Law of the People's Republic of China and the Anti-Unfair Competition Law of the People's Republic of China. The details are as follows:1

Article 33 of the Labor Law of the People's Republic of China stipulates that: "The employer and the employee may agree that the employee shall not work for the non-compete unit or engage in business activities with the same or similar business scope as the employer within a period of not more than two years after the termination of the labor contract." ”2.

Article 88 of the Contract Law of the People's Republic of China stipulates that "the parties may conclude a contract according to their own wishes, but shall not violate the mandatory provisions of laws and administrative regulations and harm the public interest or the legitimate rights and interests of others." ”3.

Article 23 of the Law of the People's Republic of China on Anti-Unfair Competition stipulates that: "After leaving the original employer, the applicant shall not use the business secrets and customer resources of the original employer to engage in business activities that compete with the original employer." ”

An employee who has signed a non-compete agreement may refuse to sign the agreement.

1. If there is a major dispute between the employer and the employee over the supplementary signing agreement, the employee may refuse to sign it.

2. Even if you refuse to sign a non-compete agreement, if you share the trade secrets of the company that has left the company in the future, causing damage to the right holder, you will also need to bear the legal responsibility for infringing on the trade secrets.

3. If a relatively large loss is caused, it may be found to be a crime of infringing on trade secrets, and it shall be held criminally responsible.