竞业限制如何更规范（政策解读·问答）

Core Viewpoint - The article discusses the recent guidelines issued by the Ministry of Human Resources and Social Security regarding the implementation of non-compete agreements, emphasizing the need for compliance and fairness in their application to protect both companies and employees [1][4]. Group 1: Non-Compete Agreement Implementation - Companies must clearly define the scope and content of their business secrets before implementing non-compete agreements [2][3]. - Only senior management, senior technical personnel, and other employees with confidentiality obligations can be subject to non-compete agreements [2][3]. - Companies should not include employees who do not have access to business secrets, such as security or front desk staff, in the non-compete scope [2][3]. Group 2: Fairness and Reasonableness - Companies are prohibited from abusing their dominant position to impose unfair non-compete agreements, such as extending the employment restrictions beyond reasonable limits [3]. - The duration of non-compete agreements should be based on the employee's level of access to confidential information and the relevance of that information over time [3]. Group 3: Economic Compensation - Companies are required to provide economic compensation to employees during the non-compete period, which should be at least 30% of the average monthly salary from the previous 12 months, and not lower than the local minimum wage [4]. - For non-compete agreements exceeding one year, the monthly compensation should generally be at least 50% of the average monthly salary [4]. - Companies cannot refuse to pay compensation by claiming it is included in regular salary or bonuses [4]. Group 4: Dispute Resolution - In case of disputes arising from non-compete agreements, companies and employees are encouraged to resolve issues through negotiation first, followed by mediation, arbitration, or litigation if necessary [7]. - Employees can file complaints with human resources departments if companies fail to provide agreed-upon economic compensation during the non-compete period [7].