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被“竞业”一夜返贫,困在百万违约金里的打工人
Hu Xiu· 2025-06-17 07:13
Core Viewpoint - The increasing abuse of non-compete agreements in China is leading to significant financial and emotional distress for employees, particularly those in lower-level positions, while higher-level executives often escape such restrictions [1][3][6][23]. Group 1: Non-Compete Agreement Abuse - Non-compete agreements are being misused, with a notable rise in cases involving lower-level employees such as drivers and cleaners, who are often subjected to exorbitant penalties [3][5][7]. - The number of non-compete cases has surged in recent years, with some companies filing hundreds of cases annually, particularly in sectors like internet, new energy, and pharmaceuticals [4][5][7]. - The legal framework allows companies to set high penalties for breaches of non-compete agreements, often calculated as multiples of the employee's salary, leading to situations where penalties can reach up to 199.5 times the compensation [7][24]. Group 2: Employee Experiences - Many employees resort to extreme measures to avoid detection by former employers, including changing their appearance and living arrangements, highlighting the psychological toll of these agreements [2][9][10]. - A significant percentage of employees (90%) report experiences of being followed or surveilled by private investigators hired by their former companies [8][9]. - The emotional impact on employees is profound, with some facing severe mental health issues due to the stress of potential financial ruin from non-compete penalties [16][24]. Group 3: Legal and Judicial Context - The judicial system often favors companies, as lawyers representing employees feel at a disadvantage in courts where company lawyers are familiar with the judges [11][24]. - The lack of a cap on penalty amounts for non-compete breaches allows companies to impose unreasonable financial burdens on employees, exacerbating the issue of abuse [7][24]. - There is a call for legal reforms to establish limits on penalties and to ensure that the rights of lower-level employees are adequately protected [24][25].