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被「竞业」一夜返贫,困在百万违约金里的打工人
36氪·2025-06-25 13:56

Core Viewpoint - The article discusses the increasing abuse of non-compete agreements in China, particularly affecting lower-level employees, and highlights the disparity in how these agreements are enforced between different employee levels [4][6][36]. Group 1: Non-Compete Agreement Abuse - Non-compete agreements are being increasingly misused, with a significant rise in related legal cases over the past five years, particularly in industries like internet, new energy, and pharmaceuticals [7][10]. - A study found that 77% of individuals subject to non-compete obligations are lower-level employees, while higher-level executives often escape such restrictions due to their connections [4][9]. - The financial burden of non-compete violations can be devastating, with some individuals facing penalties in the hundreds of thousands, leading to severe mental health issues [7][22][28]. Group 2: Legal and Social Implications - The legal framework surrounding non-compete agreements allows companies to impose exorbitant penalties, often calculated as multiples of the employee's annual salary, without a cap on the amount [10][12]. - The enforcement of these agreements often relies on questionable evidence, such as surveillance footage, which raises ethical concerns about privacy and the methods used to gather such evidence [14][20]. - The judicial system appears to favor companies, with local courts often being more familiar with corporate lawyers, leading to a perceived bias against individual employees [21][39]. Group 3: Employee Experiences and Reactions - Many employees resort to extreme measures to avoid detection by former employers, including changing their appearance and living arrangements [5][15]. - The emotional toll on employees facing non-compete lawsuits is significant, with some expressing a desire to abandon their careers entirely due to the stress and financial pressure [22][28]. - There is a growing movement among affected employees to challenge these agreements collectively, as seen in the formation of support groups and advocacy for legal reform [9][31].