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竞业限制新规,打工人能“松绑”吗?
Hu Xiu·2025-09-15 07:32

Core Points - The Ministry of Human Resources and Social Security has released new guidelines to regulate non-compete agreements, addressing issues of abuse by companies and aiming to create a fairer environment for employees in the gaming industry [1][3][9] Group 1: Non-Compete Agreement Regulations - The guidelines clarify the scope of personnel subject to non-compete agreements, specifying that only those with confidential information or specialized knowledge are included, thus limiting the potential for companies to excessively expand the scope [4][5] - The guidelines establish a minimum compensation standard for employees under non-compete agreements, set at no less than 30% of the average monthly salary for the previous 12 months, and at least the local minimum wage [4][5] - The guidelines define reasonable penalties for breach of non-compete agreements, stating that penalties should generally not exceed five times the total agreed compensation [6][7] Group 2: Employee Rights and Responsibilities - The guidelines stipulate that if a company fails to pay the agreed compensation on time, employees can terminate their non-compete obligations without further formalities [7][8] - Employees are required to report their employment status during the non-compete period and must fulfill all obligations outlined in the non-compete agreement [8] - Although the guidelines are not legally binding, they may serve as important references in mediation and litigation processes, potentially influencing practical enforcement [8]