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劳动争议司法解释
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事关社保缴费、竞业限制等 最高法发布劳动争议案件司法解释
Xin Hua Wang· 2025-08-01 04:10
Core Points - The Supreme People's Court issued an interpretation to address legal issues in labor dispute cases, aiming to protect the legal rights of parties involved and maintain stable labor relations [1][2] - The interpretation emphasizes the combination of prioritizing stable employment and promoting high-quality economic development, guiding employers to fulfill their social responsibilities [1] Group 1 - The interpretation clarifies the criteria for determining "consecutive fixed-term labor contracts," preventing employers from evading the obligation to sign indefinite-term contracts [1] - It addresses common issues such as subcontracting, outsourcing, and non-payment of social insurance, establishing that contractors and those involved in mixed employment bear the responsibility for labor relations [1][2] - Agreements between employers and employees to not pay social insurance are deemed invalid, reinforcing the protection of workers' rights [1] Group 2 - To facilitate orderly talent mobility, the interpretation states that non-compete clauses are ineffective if the employee is unaware of the employer's trade secrets or related confidentiality matters [2] - Non-compete clauses must align with the trade secrets and intellectual property knowledge the employee has been exposed to; any excessive restrictions are invalid [2] - The interpretation allows courts to determine compensation responsibilities for employees who fail to fulfill agreed-upon labor terms after receiving special treatment from employers, based on actual losses and fault levels [2] Group 3 - The Supreme Court released six typical labor dispute cases to illustrate the rules established by the interpretation, aiding in better understanding and application [2] - The court plans to enhance judicial guidance by continuously publishing typical cases and improving the case database, providing robust judicial services to promote high-quality and full employment [2]