今天（8月1日），最高人民法院召开新闻发布会，发布《最高人民法院关于审理劳动争议案件适用法律 问题的解释（二）》，针对社会广泛关注的热点争议问题，统一法律适用标准，切实维护劳动者合法权 益。解释自9月1日起施行。 竞业限制协议是市场中常见的保护商业秘密等保密事项的合同。负有保密义务的劳动者在职期间及离职 后一定期限内，不得自营或者到与原单位有竞争关系的单位任职。但有些公司不管劳动者是否接触商业 秘密等保密事项，无差别地签订竞业限制协议，约定高额违约金，严重限制了劳动者的择业权。司法解 释针对这一问题作出明确规范，为竞业限制划出合法边界。 最高人民法院民一庭副庭长吴景丽介绍，竞业限制是指劳动者在单位工作期间，掌握了单位的商业秘 密，就不能在职期间或者离职之后从事与单位的商业秘密有关的具有竞争关系的这种活动；如果从事 了，那就应该承担相应的违约责任。竞业制度这样限制的目的主要就是为了防止恶性竞争，保护企业的 竞争优势。 为了防止商业秘密的泄露和不正当竞争，司法解释规定：用人单位依法与竞业限制人员约定的在职竞业 限制条款合法有效，劳动者违反竞业限制约定时，应依法承担违约责任。 最高人民法院民一庭副庭长 吴景丽：劳动 ...

竞业限制协议是市场中常见的保护商业秘密等保密事项的合同。负有保密义务的劳动者在职期间及离职 后一定期限内，不得自营或者到与原单位有竞争关系的单位任职。但有些公司不管劳动者是否接触商业 秘密等保密事项，无差别地签订竞业限制协议，约定高额违约金，严重限制了劳动者的择业权。司法解 释针对这一问题作出明确规范，为竞业限制划出合法边界。 今天（8月1日），最高人民法院召开新闻发布会，发布《最高人民法院关于审理劳动争议案件适用法律 问题的解释（二）》，针对社会广泛关注的热点争议问题，统一法律适用标准，切实维护劳动者合法权 益。解释自9月1日起施行。 最高人民法院民一庭副庭长 吴景丽：劳动者是一个公司的销售经理，掌握着公司的客户资源。把客户 资源卖给了另外一个有竞争关系的供货商，导致供货商向公司客户出卖商品，这就相当于损害了本公司 的利益，也就违反了竞业限制，就应该承担相应的违约责任。 同时，为遏制竞业限制协议"滥用"，保障人才有序流动，此次司法解释明确了竞业限制条款不生效或无 效的情形。司法解释规定：劳动者未知悉、接触保密事项，竞业限制条款不生效。这意味着，不属于竞 业限制范围的劳动者，即使订立竞业限制协议，此约定对劳动 ...

Core Points - The dispute between Hai Chen Energy and CATL has escalated, with Hai Chen's executive being taken into custody for alleged trade secret infringement [2] - Hai Chen Energy, founded in 2019, has rapidly grown to become the third-largest energy storage battery company globally, focusing on lithium-ion storage solutions [3] - The company is currently in the process of listing on the Hong Kong Stock Exchange, with projected revenue of 12.917 billion yuan for 2024 and a nearly 90% compound annual growth rate over the past three years [3] Group 1 - Hai Chen Energy's executive, Feng Dengke, has been detained by police for allegedly infringing on trade secrets, with the case reportedly dating back several years [2] - Feng Dengke and Hai Chen's chairman, Wu Zuyu, both previously worked at CATL, indicating a potential conflict of interest [2] - Hai Chen Energy has launched several innovative products, including a 280Ah energy storage battery and a sodium-ion battery with over 20,000 cycles [3] Group 2 - The relationship between Hai Chen Energy and CATL has been strained, with CATL previously suing former employees for violating non-compete agreements [4] - In July 2023, CATL filed a lawsuit against multiple entities, including Hai Chen Energy, for unfair competition, with a court hearing scheduled for August 12 [4] - Hai Chen Energy's rapid growth and executive backgrounds have not mitigated tensions with CATL, highlighting the competitive nature of the energy storage industry [4]

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].

Core Viewpoint - The article discusses the increasing abuse of non-compete agreements in China, particularly affecting lower-level employees, and highlights the imbalance of power between employers and employees in these legal disputes [3][5][29]. Group 1: Non-Compete Agreement Abuse - Non-compete agreements are being misused, with a significant rise in related cases over the past five years, particularly in industries like internet, new energy, and pharmaceuticals [8][9]. - The majority of individuals affected by non-compete agreements are lower-level employees, with 77% of cases involving workers such as security guards and cleaners [3][9]. - High-level executives often escape the consequences of non-compete agreements due to their connections and the willingness of new companies to cover their legal fees [10][11]. Group 2: Legal and Financial Implications - The financial burden of non-compete agreements has escalated, with penalties now often calculated as multiples of annual salary rather than based on compensation provided by the employer [11][12]. - There is no legal cap on the penalties for breaching non-compete agreements, leading to exorbitant claims, with some cases reaching up to ten times the annual salary [12][31]. - The legal system currently favors employers, as they can initiate lawsuits with minimal costs, while employees face significant financial and emotional stress [21][30]. Group 3: Surveillance and Evidence Collection - Companies often employ private investigators to monitor former employees, leading to invasive surveillance practices [14][15]. - Evidence collected through surveillance, even if obtained illegally, can still be used in court if it demonstrates that an employee joined a competing firm [16][30]. - The psychological impact on employees being monitored is profound, with many resorting to extreme measures to avoid detection [14][15]. Group 4: Legal Representation and Advocacy - There is a growing movement among lawyers to represent employees in non-compete cases, emphasizing the need for legal support for the vulnerable workforce [5][29]. - The legal community is increasingly aware of the ethical implications of representing companies in these disputes, with some lawyers choosing to focus solely on employee advocacy [27][28]. - The article calls for reforms to protect employees from the excessive penalties associated with non-compete agreements, advocating for a balance between protecting business interests and employee rights [29][31].

Acquisition Overview - The acquisition of Tian Di Xiang Yun by Kewha Data involved a two-step process, with the first step completed in November 2016 for 25% equity at a price of 90 million yuan [2][3] - The second step occurred in March 2017, acquiring 75% equity for a total price of 637.5 million yuan, with payments structured in three phases [3][4] Performance Guarantees and Compensation - The performance guarantees for the years 2017 to 2019 included net profit commitments of 50 million, 70 million, and 90 million yuan respectively, totaling 210 million yuan [5][6] - If the cumulative net profit fell below the promised total after three years, performance compensation would be required [7][8] - Compensation for underperformance would be calculated based on the acquisition price rather than profit shortfall [9] Control and Management - Post-acquisition, Kewha Data held 100% ownership of the target company, with the founding team transitioning to managerial roles [15][16] - The board consisted of three members, with Kewha Data appointing two and the founding team appointing one [17] Stock Unlocking Conditions - 70% of the acquisition payment was to be used for purchasing Kewha Data's stock, with unlocking conditions tied to performance metrics for each year [19][22] - The actual unlocking of stocks faced delays, leading to legal disputes [24][30] Legal Disputes and Outcomes - The founding team initiated multiple lawsuits against Kewha Data over stock unlocking issues, with the first lawsuit filed in July 2019 [37][38] - The courts ruled that Kewha Data was not obligated to unlock stocks unless requested by the management team [44][45] - The founding team faced significant legal costs, with outcomes often unfavorable, leading to financial losses [52][70] Performance Compensation Issues - Kewha Data claimed that the target company’s cumulative net profit was 190 million yuan, falling short of the promised 210 million yuan, resulting in a demand for compensation of 53.8 million yuan [53][54] - The founding team argued that management fees and stock incentive costs should not be included in the profit calculations, but the court upheld Kewha Data's position [59][62] Competition and Legal Restrictions - The agreement included non-compete clauses for the core team, but disputes over stock unlocking led to early departures and subsequent legal actions [71] - The court ruled that only one individual violated the non-compete agreement, resulting in minimal compensation awarded to Kewha Data [72] Stock Freezing and Compensation Claims - Kewha Data sought compensation for stock freezing, which was ultimately ruled against by the court, citing that stock price fluctuations are speculative [75] - The founding team later pursued compensation for losses incurred due to the freezing of stocks, but the court dismissed the claims [76] Key Takeaways for Founders - Founders should be cautious about performance guarantees and ensure clarity in contracts regarding stock unlocking and compensation mechanisms [79][84] - Legal disputes can lead to significant financial burdens, emphasizing the importance of professional legal and financial advice during acquisitions [88][90]

Core Viewpoint - The Jiangsu Provincial High People's Court and the Provincial Department of Human Resources and Social Security have jointly released typical cases for handling labor disputes in 2024, focusing on various issues such as non-compete agreements, probation periods, parental leave, medical autonomy, labor subcontracting, resume fraud, injuries to older workers, and collective wage arrears [1] Group 1: Non-Compete Agreements - Non-compete agreements have boundaries, and the right to choose employment is protected. A case involving an employee who was required to pay a penalty for violating a non-compete clause was dismissed as the employee did not have access to trade secrets [2][3] Group 2: Probation Periods - The probation period is not a "vacuum of rights," and workers' rights are protected by law. A case where an employer terminated an employee during the probation period without valid reasons resulted in the employer being ordered to pay compensation for unlawful termination [4][5] Group 3: Parental Leave - The rights of workers to parental leave are emphasized, promoting a humane work environment. A case where an employee was wrongfully terminated for taking parental leave was ruled in favor of the employee, highlighting the legal support for parental leave rights [6][8] Group 4: Medical Autonomy - Employers must respect employees' medical autonomy. A case where an employee was dismissed for not providing a specific type of medical leave certificate was ruled unlawful, as the employer's requirements were deemed excessive [9][10] Group 5: Labor Subcontracting - The distinction between labor subcontracting agreements and actual labor relationships is clarified. A case confirmed that a worker injured while performing tasks under a subcontracting agreement was recognized as having a labor relationship with the company [11][12] Group 6: Resume Fraud - Employees must maintain integrity in job applications. A case involving an employee who falsified their resume led to the court ruling the employment contract invalid, requiring the employee to return part of their salary [13][14] Group 7: Rights of Older Workers - The rights of older workers are protected, and companies must ensure compliance with labor laws regarding their employment. A case confirmed that an older worker injured on the job is entitled to workers' compensation benefits [15][16] Group 8: Collective Wage Arrears - A collaborative approach to resolving collective wage disputes has proven effective. A case where a company owed wages to workers was resolved through a coordinated effort involving the court and local labor dispute resolution centers, resulting in the workers receiving their owed wages [17][19]

E-commerce and New Retail - Alibaba International Station has reached the top of the US App Store shopping chart, reflecting the strong capabilities of Chinese cross-border e-commerce, driven by the "China Factory Revealed" trend on TikTok [1] - Xiaohongshu announced the cancellation of non-compete agreements and the "big-small week" work schedule, aiming to enhance employee relations and attract talent in a competitive internet industry [2] Logistics and Supply Chain - Yunda Co., Ltd. reported a revenue of 48.54 billion yuan and a net profit of 1.91 billion yuan for 2024, with a year-on-year revenue increase of 7.9% and a service volume growth of 26.14% [4] - Zhongtong Express has formed a strategic partnership with New Stone Technology to enhance last-mile delivery and promote digital upgrades in the logistics industry [5][6] - Shentong Express announced a revenue of 47.17 billion yuan and a net profit of 1.04 billion yuan for 2024, with a significant business volume increase of 29.83% [7] - Debon Express reported a revenue of 40.36 billion yuan and a net profit of 0.86 billion yuan for 2024, indicating a focus on express delivery and a competitive edge in the market [8] Life Services - Meituan clarified rumors regarding account bans for using dual apps, emphasizing its commitment to maintaining industry order and protecting its reputation [9] - JD.com announced that its daily order volume for food delivery surpassed 10 million, showcasing rapid growth attributed to promotional strategies [10] - Meituan received the first nationwide low-altitude logistics operation certificate, marking a significant milestone in the development of low-altitude logistics in China [11] Innovation and Investment - Hangzhou Quanzhi Technology completed a multi-million Pre-A round financing, which will be used for core technology development and market expansion in the industrial robotics sector [12]

以下文章来源于伯乐在线 ，作者伯小乐 伯乐在线 . 伯乐在线分享IT互联网职场和精选干货文章（原域名已不再维护）。组织维护10万+star的开源技术资源库，包括：Python, Java, C/C++, Go, JS, CSS, Node.js, PHP, .NET 等 4 月初，中国裁判文书网新公开了一份劳动争议二审民事判决书。 王某作为快手社交客户端中心负责人，因竞业限制纠纷引发近百万的赔偿案。 2023 年 6 月离职后，王某被快手启动 6 个月竞业限制， 补偿金标准为每月 39326.63 元 。协议明确禁止入职字节跳动等竞对公司，但后续调查发现其多次出入字 节关联公司办公场所，引发诉讼争议。 案件关键证据显示，王某在工作日频繁进出带有字节系公司标识的办公区域。 法院采信了快手提交的视频（包含王某从地铁站到字节系办公楼全路径），视频中清晰可见工卡核验广播及公司标识。尽管王某辩称处理私事并提交第三方公司劳 动合同，但未能合理解释与字节系办公场所的关联性。 法院审理认为，王某作为涉密岗位高管，签署的多份协议及《竞业限制义务启动告知函》具有法律效力。其实际行为构成违约， 需返还已收补偿金 19,663.32 ...

Core Viewpoint - Xiaohongshu's decision to cancel the "big and small week" work schedule reflects a broader industry trend towards improving employee work-life balance and addressing the pressures of "involution" in the tech sector [3][4][11]. Group 1: Company Actions - Xiaohongshu will eliminate the "big and small week" work schedule starting May 1, 2023, and will no longer implement cash or stock options for non-compete agreements, aiming to enhance employee satisfaction [3][4]. - The company reported a significant revenue increase, with 2023 revenue reaching $3.7 billion, up 85% from $2 billion in 2022, and a net profit of $500 million, reversing a loss of $200 million the previous year [6][10]. Group 2: Industry Context - The cancellation of the "big and small week" aligns with a trend where major tech companies like Tencent and ByteDance have previously abandoned this model, indicating a shift in corporate culture driven by employee well-being and regulatory pressures [4][5]. - The competitive landscape in the tech industry has led to a high turnover rate, with Xiaohongshu becoming a notable destination for talent from larger firms, reflecting a shift in employee preferences [5][6]. Group 3: Employee Dynamics - The cancellation of the "big and small week" may reduce employee income by 15% to 20%, as the previous model allowed for additional pay during "small weeks" [12]. - The expansion of non-compete agreements in the tech industry has been criticized for limiting employee mobility, with many employees feeling trapped by these agreements [7][10]. Group 4: Cultural Implications - The shift away from the "big and small week" is seen as a response to the "involution" phenomenon, where excessive competition and work hours have led to employee burnout and dissatisfaction [4][11]. - The tech industry's historical reliance on a culture of overwork, exemplified by companies like Huawei, has created a challenging environment for employees, leading to a reevaluation of work practices [18][19].