9月1日起，打破“互联网牛马”的竞业枷锁

Core Viewpoint - The new judicial interpretation by the Supreme People's Court, effective from September 1, aims to regulate non-compete agreements, providing protection for employees and limiting the scope of such agreements to prevent abuse by companies [1][4]. Group 1: Non-Compete Agreements - The judicial interpretation states that if an employee has not been exposed to the employer's trade secrets or intellectual property during their employment, any non-compete agreement signed is not enforceable [1]. - Even if an employee is subject to a non-compete agreement, the geographical scope, duration, and range of the agreement must align with the confidential information they have accessed; any excess is deemed invalid [1]. - There has been a trend of non-compete agreements evolving from targeted protection of trade secrets to indiscriminate restrictions affecting a broader range of employees, including ordinary staff in large companies [2]. Group 2: Impact on Employees - Many employees, particularly at the grassroots level, only have access to publicly available operational data, yet non-compete agreements restrict their mobility across the industry [3]. - The enforcement of non-compete agreements has led to absurd situations where even recent graduates are unable to find employment due to these restrictions [2][3]. - Companies have been known to monitor former employees extensively to gather evidence against them for breaching non-compete agreements, creating a climate of fear and restriction [2]. Group 3: Comparison with Global Practices - In contrast to the restrictive practices in China, regions like Silicon Valley have fostered innovation by prohibiting non-compete agreements, allowing for free movement of talent [5][6]. - The U.S. Federal Trade Commission is moving towards banning non-compete agreements entirely, with exceptions only for high-earning executives, indicating a shift towards more employee-friendly policies [5]. Group 4: Future Outlook - The expectation is that once non-compete agreements are aligned with their original purpose of protecting trade secrets, the Chinese internet industry can achieve greater innovation through the free flow of talent [9]. - Companies that rely on non-compete agreements to retain employees may ultimately face backlash as the labor market evolves towards valuing employee mobility and freedom [9].