关注！事关竞业限制，新规来了

Group 1 - The article discusses the "Guidelines for Enterprises to Implement Compliance in Non-Compete Agreements" issued by the Ministry of Human Resources and Social Security, which aims to guide enterprises in the proper implementation of non-compete agreements [2][3] - The guidelines clarify the prerequisites for implementing non-compete agreements, emphasizing that enterprises must first confirm the content and scope of their business secrets before imposing such restrictions [4][5] - The guidelines stress the necessity and reasonableness principles in implementing non-compete agreements, suggesting that enterprises should prioritize other effective measures for protecting business secrets before resorting to non-compete agreements [7][8] Group 2 - The guidelines specify the personnel eligible for non-compete agreements, limiting them to senior management, senior technical personnel, and other individuals with confidentiality obligations [9][10] - The guidelines require fair and reasonable agreements between enterprises and employees regarding rights and obligations, preventing enterprises from abusing their dominant position to impose unfair non-compete agreements [11][12] Group 3 - The guidelines outline how to reasonably determine economic compensation and penalties for non-compete agreements, emphasizing that economic compensation should be based on various factors, including the cost of developing business secrets and the impact on the employee's career [14][16][17] - The guidelines state that the monthly economic compensation should generally not be less than 30% of the employee's average salary over the last twelve months, and for agreements exceeding one year, it should be at least 50% [18][19] - The guidelines clarify that penalties for breach of non-compete agreements should be reasonable and generally should not exceed five times the total economic compensation agreed upon [22][23] Group 4 - The guidelines provide procedures for resolving disputes arising from non-compete agreements, allowing for negotiation, mediation, arbitration, or litigation as means of resolution [25][26]