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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
欢迎扫描下方二维码关注: 企业应遵循必要、合理原则实施竞业限制,优先采取有效措施管控商业秘密知悉权限、加密商业秘密数据、合理设置脱密期等商业秘密保 护措施, 不随意扩大竞业限制人员范围、限制从业的企业和地域等 。 确定实施竞业限制的,应开展必要性评估, 不得将未知悉或未接触企业商业秘密的劳动者纳入竞业限制范围 。 竞业限制 是指 企业与负有保守商业秘密义务的劳动者约定 ,在解除或终止劳动合同后一定期限内,劳动者不得到与本单位生产或经营同类产品、从事同类 业务的有竞争关系的其他企业就业,也不得自己开业生产或经营同类产品、从事同类业务。 劳动者入职都要签 竞业限制协议吗? 竞业限制有期限吗? 知识帖来啦 01 企业可以与 知悉商业秘密的高级管理人员、高级技术人员和其他负有保密义务的人员 签订竞业限制协议。 企业与其他负有保密义务的人员约定竞业限制义务的,要提前告知理由,说明需要保守的商业秘密具体内容。 企业可与哪些人签订竞业限制协议? 图片 劳动者仅掌握 行业通用 的 专业知识和技能 工作中接触到的 仅为企业 一般经营信息 不属于 负有保密义务的人员 企业不能随意扩大 竞业限制人员范围 02 竞业限制中的商业秘密 ...
台积电(TSM.US)起诉前副总裁罗维仁 指控窃取芯片技术后加盟英特尔
智通财经网· 2025-11-25 12:36
Core Viewpoint - TSMC has filed a lawsuit against its former Senior Vice President Wei-Jen Lo for allegedly stealing proprietary technology related to advanced semiconductor processes before joining Intel, violating non-compete agreements and multiple laws including the Trade Secrets Act [1] Group 1: Legal Actions - TSMC claims that Wei-Jen Lo, aged 75, took proprietary technology data before his departure, which constitutes a breach of contract and legal violations [1] - The lawsuit highlights concerns over intellectual property theft in the semiconductor industry, particularly between major players like TSMC and Intel [1] Group 2: Company Reactions - Intel's CEO Lip-Bu Tan has denied any allegations of wrongdoing regarding Wei-Jen Lo's actions [1] - The Taiwanese Minister of Economic Affairs has announced an investigation into Wei-Jen Lo's conduct following the allegations [1] Group 3: Market Impact - Following the news of the lawsuit, TSMC's stock price experienced a slight decline of 0.46%, trading at $283.33 in pre-market sessions [1]
竞业限制如何更规范 相关指引保护企业利益和劳动者合法权益
Ren Min Ri Bao· 2025-11-14 00:55
Core Viewpoint - The article discusses the recent guidelines issued by the Ministry of Human Resources and Social Security regarding the implementation of non-compete agreements, emphasizing the need for compliance and fairness in their application to protect both employee rights and corporate interests [1][2][3]. Group 1: Definition and Scope of Non-Compete Agreements - Non-compete agreements restrict employees from working for competing firms or starting similar businesses after leaving a company, specifically targeting those with access to trade secrets [1][2]. - Only senior management, senior technical personnel, and other employees with confidentiality obligations can be included in non-compete agreements, excluding those without access to trade secrets [2][3]. Group 2: Compliance and Fairness in Implementation - Companies must not abuse their dominant position to impose unfair non-compete agreements, and the scope and duration of such agreements should be reasonable and specific [3]. - The duration of non-compete agreements should be determined based on the employee's access to confidential information and the relevance of that information over time [3]. Group 3: Economic Compensation and Penalties - Companies are required to provide economic compensation to employees during the non-compete period, typically not less than 30% of the average monthly salary from the previous year, and 50% if the non-compete lasts over one year [4]. - If an employee violates the non-compete agreement, the company can demand penalties, which should not exceed five times the total economic compensation paid [5]. Group 4: Dispute Resolution - In case of disputes arising from non-compete agreements, companies and employees are encouraged to resolve issues through negotiation, mediation, arbitration, or litigation if necessary [7].
竞业限制如何更规范(政策解读·问答)
Ren Min Ri Bao· 2025-11-13 22:10
Core Viewpoint - The article discusses the recent guidelines issued by the Ministry of Human Resources and Social Security regarding the implementation of non-compete agreements, emphasizing the need for compliance and fairness in their application to protect both companies and employees [1][4]. Group 1: Non-Compete Agreement Implementation - Companies must clearly define the scope and content of their business secrets before implementing non-compete agreements [2][3]. - Only senior management, senior technical personnel, and other employees with confidentiality obligations can be subject to non-compete agreements [2][3]. - Companies should not include employees who do not have access to business secrets, such as security or front desk staff, in the non-compete scope [2][3]. Group 2: Fairness and Reasonableness - Companies are prohibited from abusing their dominant position to impose unfair non-compete agreements, such as extending the employment restrictions beyond reasonable limits [3]. - The duration of non-compete agreements should be based on the employee's level of access to confidential information and the relevance of that information over time [3]. Group 3: Economic Compensation - Companies are required to provide economic compensation to employees during the non-compete period, which should be at least 30% of the average monthly salary from the previous 12 months, and not lower than the local minimum wage [4]. - For non-compete agreements exceeding one year, the monthly compensation should generally be at least 50% of the average monthly salary [4]. - Companies cannot refuse to pay compensation by claiming it is included in regular salary or bonuses [4]. Group 4: Dispute Resolution - In case of disputes arising from non-compete agreements, companies and employees are encouraged to resolve issues through negotiation first, followed by mediation, arbitration, or litigation if necessary [7]. - Employees can file complaints with human resources departments if companies fail to provide agreed-upon economic compensation during the non-compete period [7].
大厂竞业限制协议「七宗罪」
3 6 Ke· 2025-10-09 13:09
Core Points - The article discusses the increasing prevalence and controversy surrounding non-compete agreements in various industries, particularly in the tech sector, and highlights the impact on employees, especially younger ones [2][4][37] - It emphasizes the disparity in power dynamics between companies and employees regarding the enforcement of non-compete clauses, often leading to severe financial and emotional consequences for the latter [28][47][50] Group 1: Non-Compete Agreement Trends - Non-compete agreements have expanded to include lower-level employees, with 77% of affected individuals being grassroots workers, including security and cleaning staff [3][4] - The internet industry has the highest concentration of non-compete cases, followed by the automotive and manufacturing sectors, with a notable increase in companies that previously did not enforce such agreements now adopting them [4][5][41] - The scope of non-compete agreements has broadened significantly, often covering numerous related companies and industries, effectively limiting employees' future job opportunities [9][10][60] Group 2: Employee Experiences and Legal Implications - Many employees, particularly those in lower positions, are subjected to non-compete agreements despite lacking access to sensitive company information, leading to absurd situations where they face significant penalties for switching jobs [6][8][47] - The compensation for employees under non-compete agreements is often minimal, with some companies offering as low as 10-20% of their salary as compensation, while the penalties for breach can reach multiples of their annual salary [14][15][17] - Legal proceedings related to non-compete agreements often favor companies, as they have more resources and better access to legal representation, creating an uneven playing field for employees [28][36] Group 3: Industry and Legal Developments - Recent judicial interpretations and guidelines from the Supreme Court and the Ministry of Human Resources aim to clarify the legality and enforceability of non-compete agreements, particularly for non-sensitive positions [60] - The article suggests that the current legal framework may evolve to better protect employees and promote fairer practices in the enforcement of non-compete agreements [52][58] - There is a growing recognition that the overuse of non-compete agreements can stifle talent mobility and hinder industry growth, prompting calls for reform [47][49][53]
企业如何合规实施竞业限制?指引来了
Xin Hua Wang· 2025-09-13 07:36
Core Points - The Ministry of Human Resources and Social Security has issued guidelines for enterprises to implement non-compete agreements in compliance with the law, aiming to protect both business secrets and the legitimate rights of workers [1][2] Group 1: Non-Compete Agreement Implementation - Non-compete agreements restrict employees from working for competing firms or starting similar businesses for a specified period after leaving the company [1] - The guidelines clarify that general industry knowledge or publicly available information does not constitute a business secret, thus preventing companies from overextending the scope of non-compete agreements [2] Group 2: Economic Compensation - Economic compensation during the non-compete period should be determined based on factors such as the cost of developing business secrets, the commercial value of those secrets, the scope of employment restrictions, and the employee's salary during their tenure [2] - Companies are required to pay monthly economic compensation that is at least 30% of the employee's average salary from the previous 12 months, and for agreements longer than one year, this should be at least 50% [2] Group 3: Penalties for Breach - The amount of penalty for breach of the non-compete agreement should be based on the potential economic loss from the employee's disclosure of business secrets and should not exceed five times the total economic compensation agreed upon [3] - Companies are encouraged to establish a reasonable scope for non-compete agreements and to ensure a fair balance between protecting business secrets and safeguarding employee rights [3]
美埃科技: 信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-09-03 11:17
Core Viewpoint - The article outlines the information disclosure deferral and exemption management system of Meiyu (China) Environmental Technology Co., Ltd, aiming to regulate the behavior of the company and other information disclosers, enhance information disclosure supervision, and protect investors' legal rights [2][3]. Group 1: General Principles - The system is established based on relevant laws and regulations, including the Securities Law of the People's Republic of China and the Shanghai Stock Exchange's rules [2]. - The company and other disclosers must disclose information truthfully, accurately, completely, timely, and fairly, without abusing deferral or exemption to evade disclosure obligations or mislead investors [3]. Group 2: Scope of Deferral and Exemption - Information can be deferred or exempted from disclosure if it involves state secrets or other matters that may violate state confidentiality regulations [6]. - The company has an obligation to protect state secrets and must not disclose such information through any means, including investor interactions or press releases [4]. Group 3: Procedures for Deferral and Exemption - The company must carefully determine deferral and exemption matters and follow internal review procedures before implementation [3]. - If information is deferred or exempted, the company must register the details and maintain records for at least ten years [12]. Group 4: Reporting and Compliance - The company must report any deferred or exempted information to the Shanghai Stock Exchange and the local securities regulatory bureau within ten days after the annual, semi-annual, or quarterly report announcement [13]. - If the reasons for deferral or exemption are eliminated, the company must promptly disclose the information and provide justifications for its classification as a business secret [10].
天才少年背刺马斯克,疑窃取代码“叛逃”OpenAI?
Hu Xiu· 2025-09-01 03:19
Core Points - xAI, founded by Elon Musk, has filed a lawsuit against former employee Xuechen Li for theft of trade secrets [1][9] - The lawsuit highlights the competitive nature of the AI industry and the importance of protecting proprietary technology [15][27] Group 1: Background of Xuechen Li - Xuechen Li has a notable background in AI, having worked at Meta, Google, and Microsoft before joining xAI [2][6] - He completed his PhD at Stanford University in a short span, focusing on trustworthy and secure machine learning methods [4][6] Group 2: Events Leading to the Lawsuit - The lawsuit details events that escalated in the summer of 2025, including Li's sale of approximately $7 million worth of xAI stock [9][10] - On July 25, 2025, the same day he received the last stock sale proceeds, Li allegedly copied confidential information from his work laptop to personal storage [9][10] Group 3: Allegations and Company Response - xAI claims that Li took significant trade secrets, including their entire codebase, which could provide competitors with a substantial advantage [11][14][15] - The company discovered the alleged theft during a routine log review on August 11, 2025, and attempted to recover the stolen data [10][11] Group 4: Legal Actions and Implications - xAI is seeking a temporary restraining order to prevent Li from accessing any devices that may contain confidential information and to prohibit him from working at OpenAI until the matter is resolved [16][17] - The outcome of this lawsuit could set a precedent for talent mobility and intellectual property protection in the AI industry [27]
悍高集团: 信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-08-29 17:47
Core Viewpoint - The company has established a management system for the deferral and exemption of information disclosure to ensure compliance with legal obligations and protect investors' rights [1][2][3]. Group 1: Information Disclosure Management - The company and related information disclosure obligors must disclose information truthfully, accurately, completely, timely, and fairly, and cannot misuse deferral or exemption to evade disclosure obligations or mislead investors [1][2]. - Deferral or exemption of disclosure is applicable when the information involves state secrets or commercial secrets that could lead to unfair competition or harm the interests of the company or others [2][3]. Group 2: Procedures for Deferral and Exemption - The company must document the reasons for deferring or exempting disclosure, including the internal review process and the circumstances under which the information must be disclosed [4][5]. - The decision to defer or exempt disclosure must be made by the general manager's office or the board of directors, depending on the nature of the information [4][6]. Group 3: Confidentiality Obligations - Company directors and other insiders have a duty to maintain confidentiality regarding deferred or exempted information and must limit the number of individuals who are aware of such information [5][6]. - Any breach of confidentiality or failure to report deferral or exemption matters may result in internal disciplinary actions or legal consequences [6][7]. Group 4: Documentation and Reporting - The company is required to submit relevant documentation regarding deferred or exempted disclosures to the regulatory authorities within ten days after the announcement of periodic reports [5][6]. - The management system includes specific forms for documenting deferral and exemption requests, ensuring that all necessary information is accurately recorded [8][9].
祥生医疗: 无锡祥生医疗科技股份有限公司信息披露暂缓与豁免事务管理制度
Zheng Quan Zhi Xing· 2025-08-29 17:11
Core Points - The article outlines the information disclosure and exemption management system of Wuxi Xiangsheng Medical Technology Co., Ltd, aiming to ensure compliance with legal obligations and protect investors' rights [1][2] - The company is required to disclose information in accordance with relevant regulations, but may defer or exempt disclosure under specific circumstances [1][2] - The internal management procedures for deferring or exempting disclosures are detailed, including the roles of the board of directors and the secretary [4][5] Chapter Summaries Chapter 1: General Principles - The system is established to regulate information disclosure and exemption behaviors, ensuring compliance with laws and protecting investor rights [1] - The company must assess whether information can be deferred or exempted based on specific criteria outlined in the regulations [1][2] Chapter 2: Applicable Situations and Conditions - Information may be exempted from disclosure if it involves state secrets or commercial secrets that could lead to unfair competition or harm to the company or others [2] - If the reasons for deferring or exempting disclosure are eliminated, the company must promptly disclose the information [2] Chapter 3: Internal Management Procedures for Disclosure Deferral and Exemption - The board of directors leads the management of deferral and exemption matters, with the secretary coordinating the process [4] - A formal application process is required, including documentation and internal approvals before any deferral or exemption is enacted [5] Chapter 4: Responsibilities and Penalties - The company must establish a responsibility accountability mechanism for any non-compliance with the disclosure system [6][7] - Individuals responsible for improper deferral or exemption may face consequences if it leads to negative impacts on the company or investors [7] Chapter 5: Supplementary Provisions - The system must align with existing stock exchange rules and relevant laws [7] - The board of directors is responsible for interpreting the system, which takes effect upon approval [7]