入职都要签竞业限制协议吗?违反竞业限制要支付违约金吗?
蓝色柳林财税室·2025-12-31 14:27

Group 1 - The core concept of non-compete agreements is that they restrict employees from working for competing companies or starting similar businesses for a specified period after leaving their current employer [2][10] - Non-compete agreements can only be signed with employees who have access to trade secrets, such as senior management and technical personnel, and must be justified with specific reasons [2][3] - Companies must adhere to the principles of necessity and reasonableness when implementing non-compete agreements, ensuring they do not unnecessarily expand the scope of restricted employees or geographical areas [3][8] Group 2 - Trade secrets are defined as information that is not publicly known, has commercial value, and is protected by the company through appropriate confidentiality measures [5] - Non-compete agreements must be documented in writing, clearly outlining the rights and obligations of both parties [7] - Companies must negotiate the scope and geographical limits of non-compete agreements fairly, ensuring they align with the company's business operations and competitive landscape [8][10] Group 3 - The duration of non-compete agreements should be determined based on the level of confidentiality and the validity of the trade secrets, with a maximum duration of two years [11] - Economic compensation for non-compete obligations must be paid by the company, typically not less than 30% of the employee's average monthly salary from the previous 12 months, and at least equal to the local minimum wage [14] - If a company fails to pay the agreed economic compensation, employees may be exempt from fulfilling their non-compete obligations after a specified period [17][18]