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The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.
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.
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 your friend has a "non-compete agreement" in this regard, then he will be liable for breach of contract.
If there is no agreement, if the company's trade secrets are leaked and the company suffers losses, it shall also be liable.
In addition to the above circumstances, you will not be liable for breach of contract, but if your friend's behavior (leaving the company without resignation) causes losses to the company, you should also bear the compensation for the losses.
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Hello, no, it is a non-competition.
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If it does not infringe on the interests of his company, it cannot be considered illegal, and he still has to leave the company quickly.
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1. Dissatisfaction with the existing treatment.
No matter how lofty your beliefs are, in order to realize your self-worth, if you cannot guarantee your basic material needs, these ideals will become a flash in the pan. Most employees choose to quit, mainly because they are dissatisfied with their current treatment. It's not that you're being paid too little, it's that you're being paid more elsewhere.
The work may be harder, but some people are willing to earn more money while they are young. If you want to change this situation, you can try to change the employee to a position with a higher salary, meet his salary requirements, and then he will not quit.
Second, the interpersonal relationship is not good.
Most of the troubles in this world come from relationships. The workplace is a place of intrigues, and no matter what kind of profession you are in, you will meet villains in the workplace. Some people are very smart, can see through the tricks of the villains in the workplace, will not suffer in interpersonal communication, and can be handy at work.
And some employees are more honest, don't have so many bad intentions, and don't have much defense against others. Such employees are easily excluded in the workplace and are very unhappy at work. Not everyone has the forbearance to be on the back of their minds, and if they are angry at work for a long time, anyone will quit.
As a manager of the company, you have to pay more attention to the dynamics of your employees, and don't bully honest people, so that they are willing to stay.
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Professional and technical personnel of institutions of higher learning, scientific research institutes and other public institutions, with the approval and consent of the unit, can carry their own scientific research projects and achievements to leave the work of the original unit, and go to the enterprise to carry out new and innovative sales or start an enterprise independently. Personnel management issues shall be handled in accordance with the following provisions: 1
With the consent of the unit, the off-the-job entrepreneur can retain the personnel relationship for 3-5 years. During the period of leaving the post to start a business, the performance of the original employment contract shall be suspended. 2.
The off-the-job entrepreneur signs an agreement with the unit to clarify the rights and obligations of both parties and the dispute settlement method such as the term of entrepreneurship, work treatment, social insurance, and the distribution of rights and interests of scientific research results.
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If you want to start a business, it is recommended that you choose a suitable entrepreneurial project, see if you have the qualifications of the relevant project, and work hard after finding the right project. Of course, capital is also a problem to consider in the process of starting a business, and if you have limited start-up capital, you can solve it through small loans.
It is recommended to use the money to spend, the money to spend is the credit brand of Du Xiaoman Finance, which provides users with safe and convenient, unsecured and unsecured credit services.
With money to spend on consumer loans, the daily interest rate is as low as low, and the annualized interest rate is as low as low, which has the characteristics of easy application, low interest rate and fast lending, flexible borrowing and repayment, transparent interest and fees, and strong security.
Share with you the application requirements for consumer products with money: it is mainly divided into two parts: age requirements and information requirements.
2. Information requirements: During the application process, you need to provide your second-generation ID card and your debit card.
Note: Only debit cards are supported, and the application card is also your debit card. My identity information must be the second-generation ID card information, and I cannot use a temporary ID card, an expired ID card, or a first-generation ID card to apply.
This answer is provided by Youqianhua, due to objective reasons such as the timeliness of the content, if the content is inconsistent with the actual interest calculation method of the Qianhua product, it shall be displayed on the page of Du Xiaoman Financial APP-Youqianhua Loan. Hope this helps.
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1.First of all, the failure to sign an employment contract means that the company has violated the law (unless the employee himself does not sign it), in which case the employee can resign at any time without being subject to 30 days' notice. It is also possible to ask the company to compensate for double wages.
2. There are non-compete clauses in the law on self-operated companies of the same kind. But this can only depend on the agreement between the two parties. If there is no agreement (because there is no contract), there is no major problem from a legal point of view. It can only be said that there is a problem of personal morality.
3. If the boss does not allow you to resign, from a legal point of view, you can leave as long as you submit a written resignation application for 30 days. Moreover, the company is at fault, and the employee can leave at any time if the contract is not signed.
4. But on the other hand, it is obviously unrealistic to say that a company of the same type is not used (not necessarily stolen) the company's internal information.
5. To sum up, the two sides should try to get together and disperse as much as possible.
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If your friend has a contract with the original company that has not expired, and is engaged in the same industry, this is illegal, because there is a non-compete clause in the labor law, it is recommended to take a closer look.
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Hello! Isn't it easy to resign now, at most with a month's liquidated damages.
If it helps you, hope.
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If an employee terminates the labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
Labor Contract Law
Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.
Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
Article 70 Trade unions shall safeguard the legitimate rights and interests of workers in accordance with the law, and shall supervise the performance of labor contracts and collective contracts by employers. If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.
Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
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It is not illegal for an employee to open his or her own company before terminating the employment relationship with the employer, but it is a violation of the Labor Contract Law under certain circumstances.
If there is a non-compete agreement between the employer and the employee, the new company opened by the employee is within the scope of the agreement. At the same time, it is illegal for employees to use the company's resources for the benefit of their own company. It is also illegal for an employee to open a new company without the consent of the original company.
Labor Contract Law
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 non-compete period for the personnel provided for in the preceding paragraph shall not be increased by more than two years when they go to another employer that has a competitive relationship with the unit that produces or operates the same kind of products or engages in the same kind of business, or if they start their own business to produce or operate the same kind of products or engage in the same kind of business.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Serious violation of the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
The main reason is the problem of wages and salaries, but it is not a fundamental problem, reason 1, the same degree of labor and skills, your salary is much less than others, you are not satisfied, and the boss does not add money 2 You are looking for a new job, although the salary is less than the original, but the distance is near, you can use more time, in general, it is much better than the original 3, the working hours arranged by the company are not good, workers also have their own housework, can not adapt for a long time, would rather pay less, find a suitable one, 4. The attitude and commitment of the company's leaders towards employees are very important, so that even if employees want to leave, they will not just leave.
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