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 ...

Core Viewpoint - The Shanghai First Intermediate People's Court has released a white paper on labor rights protection for new employment forms, highlighting the increasing number of labor dispute cases involving gig economy workers, particularly delivery riders and live-streaming hosts [1] Group 1: Labor Dispute Trends - From January 1, 2022, to October 31, 2025, the number of second-instance labor dispute cases related to new employment forms has shown a slight annual increase, with delivery riders making up 32% of the cases [1] - More than half of these cases involve requests for confirmation of labor relationships and claims for wage differences, overtime pay, and compensation for unused annual leave [1] Group 2: Challenges in Confirming Labor Relationships - The confirmation of labor relationships is a significant challenge for gig economy workers seeking to protect their rights, as it is a prerequisite for legal protection under labor laws [2] - In a case involving a delivery rider, the court initially found insufficient evidence to establish a labor relationship despite the rider's claims of management by the company [2][3] - The court later recognized the labor relationship based on the company's management practices, emphasizing that the essence of labor management should be the focus rather than the superficial aspects of flexible work arrangements [3] Group 3: Employer Strategies to Avoid Labor Relationships - Some employers design contracts to avoid establishing labor relationships, often requiring gig workers to register as individual business owners while still exerting significant control over their work [4][5] - The complexity of identifying the actual employer is exacerbated by the opaque nature of algorithms used for wage calculations, which are typically controlled by the platform companies [5] Group 4: Case Studies Involving Delivery Riders - In a case involving a delivery worker, the court had to navigate through multiple related companies to identify the true employer, ultimately determining that a formal agreement was merely a means to evade labor responsibilities [6][7] - The court concluded that the substantial control exercised by the company over the worker's tasks indicated a labor relationship despite the formal contractual arrangements [7] Group 5: Issues Faced by Live-Streaming Hosts - Live-streaming hosts also face challenges, particularly regarding ambiguous non-compete agreements that can lead to disputes over their obligations after leaving a company [8][9] - The court ruled in favor of a host who was not held liable for breach of contract due to unclear terms in the non-compete agreement, highlighting the need for clarity in such contracts [9]

以下文章来源于蚀刻AiTech ，作者蚀刻团队 蚀刻AiTech . 智能驾驶十年老兵，走过四家公司，搞过芯片做过量产，写写行业新鲜事。 期待刻录AI发展的重点时刻。 从行业视角看，此事件标志着中国智能驾驶领域头部玩家的竞争烈度显著升级。过去几年，行业竞争焦点主要集中在技术路 线、量产落地速度和融资规模上，是典型的商业与技术竞争。而此次该公司通过法律手段成功对"跳槽"至直接竞争对手的前 员工进行追责并获法院支持，意味着头部玩家之间的博弈，正从单一的商业与技术维度，迅速延伸至人才保卫、商业秘密保 护及法律合规等全方位、立体化的竞争层面。 更多一手业内信息，欢迎加入自动驾驶之心知识星球... 自动驾驶之心 来源 | 蚀刻AiTech 点击下方 卡片 ，关注" 自动驾驶之心 "公众号 戳我-> 领取 自动驾驶近30个 方向 学习 路线 >>自动驾驶前沿信息获取 → 自动驾驶之心知识星球 本文只做学术分享，如有侵权，联系删文 据蚀刻AiTech信息报道，某头部智驾公司近日通过内部全员通告，披露了一起针对前员工违反竞业限制义务的司法追责结 果。通告显示，该前员工离职后隐匿身份加入竞对企业。该公司对此启动司法程序并追查到 ...

以下文章来源于蚀刻AiTech ，作者蚀刻团队 蚀刻AiTech . 本文只做学术分享，如有侵权，联系删文 据蚀刻AiTech信息报道，某头部智驾公司近日通过内部全员通告，披露了一起针对前员工违反竞业限制义务的 司法追责结果。通告显示，该前员工离职后隐匿身份加入竞对企业。该公司对此启动司法程序并追查到底。法 院已于近日作出生效判决，认定该员工违反竞业限制义务，需向该公司支付巨额赔偿。该公司强调，这一判决 意味着相关违约行为"将通过该判决永久留在其职业记录里"。 通告措辞严厉，这家头部智驾公司明确表态，对任何违反竞业限制的行为"零容忍"。无论员工级别、时间节点 或去向，公司都将穷尽法律手段追责到底。该公司同时提醒全体员工，竞业违约不仅意味着经济层面的巨额赔 偿，也将对个人职业生涯造成长期影响。 从行业视角看，此事件标志着中国智能驾驶领域头部玩家的竞争烈度显著升级。过去几年，行业竞争焦点主要 集中在技术路线、量产落地速度和融资规模上，是典型的商业与技术竞争。而此次该公司通过法律手段成功 对"跳槽"至直接竞争对手的前员工进行追责并获法院支持，意味着头部玩家之间的博弈，正从单一的商业与技 术维度，迅速延伸至人才保卫、 ...

董某于2019年6月入职无锡一新材料科技公司，岗位为生产总监。双方签订劳动合同及竞业限制协议， 约定竞业限制期限为离职后两年，竞业限制补偿金为离职前12个月平均工资的1/3，违约金为100万元。 2022年3月董某离职。自2022年5月起，新材料科技公司逐月向董某支付竞业限制补偿金至2023年10月。 2022年5月，董某与无锡一塑料制品公司签订劳动合同，但每天上下班时间，却是出入一隔膜公司，而 该隔膜公司与其离职的新材料科技公司存在同业竞争关系。后新材料科技公司以董某违反竞业限制义务 为由诉至法院，要求判令董某返还竞业限制补偿金、支付违反竞业限制义务的违约金、公证费。 法官称，相关判决既维护了竞业限制义务保护用人单位商业秘密和公平竞争秩序的立法初衷，也向劳动 者传递了诚实守信的原则，实现了用人单位合法权益与劳动者择业自由的精准平衡。 扬子晚报/紫牛新闻记者 张建波 校对 石伟 无锡市锡山法院审理认为，董某离职前在新材料科技公司担任生产总监，掌握公司的产品技术信息等， 新材料科技公司按月向董某支付竞业限制补偿金，双方之间的竞业限制约定合法有效，双方均应按约履 行各自义务。董某虽然与塑料制品公司签订劳动合同，但 ...

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][4]. - Non-compete agreements are applicable only to specific categories of employees, including senior management, senior technical personnel, and other employees with confidentiality obligations [4][5]. - The terms of non-compete agreements, including scope, region, and duration, must be mutually agreed upon by the employer and the employee and cannot violate legal regulations [4][8]. Group 2 - Employers can stipulate non-compete clauses in employment contracts or confidentiality agreements and are required to provide economic compensation to employees during the non-compete period [8][9]. - If an employee violates the non-compete agreement, they are obligated to pay a penalty to the employer as per the agreement [8][9]. - Employers must pay the economic compensation in cash on a monthly basis during the non-compete period and cannot include this compensation in the regular salary or bonuses [10][11].

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].

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].

Core Viewpoint - The case highlights the legal implications of violating non-compete agreements in the technology sector, emphasizing the need for companies to protect their commercial secrets and competitive advantages through such agreements [2][3]. Group 1: Case Background - Zhao, a former executive at a technology company in Wuxi, was found to have violated a non-compete agreement by using a pseudonym to work for a competing company in Nanjing after leaving his position [1]. - The non-compete agreement stipulated that Zhao was to refrain from competing for two years post-employment, with a penalty of 500,000 yuan for any violations [1]. Group 2: Court Rulings - The Wuxi Huishan Court ruled that Zhao acted with subjective malice by knowingly joining a competitor under a false identity, thus upholding the claim for the return of compensation and the penalty of 500,000 yuan [2]. - The court considered Zhao's long tenure, high position, and access to trade secrets in determining the severity of the breach and the appropriateness of the penalty [2][3]. Group 3: Legal Implications - The ruling serves as a precedent for protecting corporate secrets and maintaining market order, illustrating the balance between talent mobility and the enforcement of non-compete clauses [3]. - The court's decision reinforces the punitive aspect of breach penalties, ensuring that high-level employees are held accountable for malicious actions that undermine corporate integrity [3].

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]