竞业限制适用于哪些员工？

Core Viewpoint - The article discusses the legal framework surrounding non-compete agreements in labor contracts, emphasizing the conditions under which they can be applied and the economic compensation involved for employees who are subject to such agreements [4][11][14]. Group 1: Non-Compete Agreements - Employers and employees can agree to maintain confidentiality regarding the employer's trade secrets and intellectual property in the labor contract [3]. - Non-compete clauses can be included in labor contracts or confidentiality agreements, with provisions for economic compensation during the non-compete period after contract termination [4][16]. - Non-compete agreements are applicable only to senior management, senior technical personnel, and other employees with confidentiality obligations [8][9]. Group 2: Duration and Compensation - The non-compete period cannot exceed two years after the termination of the labor contract [11]. - If the economic compensation is not explicitly stated, the employee may request compensation based on 30% of their average monthly salary from the last twelve months, provided it meets or exceeds the local minimum wage [14]. - If the employer fails to pay the agreed economic compensation for three months after contract termination, the employee can request to terminate the non-compete agreement [16].