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Anonymous users2024-02-15The part that is older than 2 years has no legal effect.
Labor Contract Law of the People's Republic of China.
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.
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Anonymous users2024-02-14The validity of the non-compete agreement is based on 1. whether the applicable entity is valid, that is, whether it is the senior management personnel, senior technical personnel and other personnel with confidentiality obligations of the employer. 2. Whether appropriate and lawful economic compensation has been provided to the worker in accordance with the law. If both conditions are met, then the non-compete agreement is valid, otherwise it is invalid.
In addition, the validity period of the non-compete agreement can only be 2 years, that is, 2 years after the termination or termination of the employment contract by the employee, and the excess part is not binding on the employee.
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Anonymous users2024-02-13A non-compete agreement is generally signed for no more than 2 years, but if both parties agree to agree that the contract period exceeds 2 years, it is also valid.
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Anonymous users2024-02-12Non-compete agreements are available for up to 2 years.
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Anonymous users2024-02-11The duration of the non-compete restriction shall not exceed two years, and the excess amount shall be invalid. During this period, the worker shall not start his own business to produce or operate similar products or engage in similar business, and shall not be employed by other employers that are in competition with the production or operation of similar products or similar business in front of the unit.
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 employees, and the non-compete agreement 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 you have signed a non-compete agreement, you need to comply with the content of the agreement and are not allowed to engage in your original job, but the employer shall pay you compensation on a monthly basis, if the employer does not compensate you, you can no longer comply with the provisions of the non-compete agreement and continue to engage in your original job. If you still have any questions, you can search for "Legal Advice" or "Legal Advice" in the application market, and you can communicate with the lawyer after **app.
If the labor contract is not signed, it shall be agreed and severance shall be paid. >>>More
Non-competition is a means to protect the trade secrets of an enterprise by restricting the right of employees to choose their jobs freely to a certain extent, including both incumbent and former employees. For in-service employees, non-compete is an implied legal obligation, and for departing employees, it must be set up in the non-compete agreement, and the signing of the non-compete agreement is generally at the cost of the employer paying a certain amount of economic compensation. At present, the laws of China stipulate that an employer may stipulate a non-compete clause with an employee in an employment contract or confidentiality agreement, and stipulate that after the termination or termination of the employment contract, the employee will be compensated monthly during the non-compete period. >>>More
Some employers may enter into a non-compete agreement with the employee, or stipulate a non-compete clause in the employment contract. In general, an agreement is valid if it does not violate the mandatory provisions of the law. >>>More
When an employer signs an employment contract with an employee, it often requires the employee to sign a non-compete agreement, which is necessary to protect the employer's trade secrets. This issue is divided into two situations: the employee's breach of the non-compete agreement and the employer's breach of the non-compete agreement. In the first case, if the employer violates the non-compete agreement, the employee may initiate labor arbitration and request the employer to pay severance compensation. If the employer fails to pay the severance for three months, the employee may also request to cancel the non-compete agreement. >>>More