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员工被辞退还要遵守竞业限制协议吗?人社部解答
Zhong Guo Xin Wen Wang· 2025-10-10 02:21
Core Points - The Ministry of Human Resources and Social Security clarified that employees who are dismissed must still adhere to non-compete agreements if stipulated in their contracts [1][3] - According to the Labor Contract Law, employers can include non-compete clauses in contracts and must provide economic compensation during the non-compete period after termination [1][3] - The Supreme People's Court supports the enforcement of non-compete obligations and the payment of economic compensation as per the agreements made in labor contracts or confidentiality agreements [1][3]
大厂竞业限制协议“七宗罪”
Hu Xiu· 2025-10-09 08:56
Core Points - The article discusses the increasing prevalence and controversy surrounding non-compete agreements in China, particularly affecting younger employees and those in lower-level positions [6][10][100] - It highlights the disparity in how these agreements are enforced, with higher-level executives often escaping the same scrutiny faced by lower-level employees [13][14][67] - The article also addresses the legal landscape, including recent judicial interpretations and guidelines aimed at regulating non-compete agreements [32][125] Group 1: Overview of Non-Compete Agreements - Non-compete agreements have become a tool for companies to control employee turnover and protect business secrets, but they are increasingly being used against lower-level employees who may not possess sensitive information [6][16][100] - The number of disputes related to non-compete agreements has doubled in recent years, with a significant portion involving frontline workers [9][88] - The internet industry is the most affected sector, followed by automotive and manufacturing industries [10][11] Group 2: Employee Demographics and Impact - The majority of individuals affected by non-compete agreements are young, often in their 20s or early 30s, with many lacking a clear understanding of the implications [7][9] - A significant percentage of those impacted are frontline employees, including security and cleaning staff, rather than high-level executives [9][10] - The emotional and psychological toll on employees facing non-compete claims is substantial, with reports of severe mental health issues arising from the stress of legal battles [5][100] Group 3: Legal Framework and Enforcement - Recent judicial interpretations emphasize the need for non-compete agreements to be reasonable and applicable only to those with access to sensitive information [32][124] - The lack of upper limits on compensation for breaches of non-compete agreements poses a significant risk for employees, with some facing demands for compensation that far exceed their earnings [44][48] - Companies often employ aggressive surveillance tactics to enforce non-compete agreements, including hiring private investigators to gather evidence against former employees [52][55] Group 4: Company Strategies and Trends - Companies are increasingly formalizing non-compete agreements as part of their operational strategies, sometimes using them as a revenue-generating tool [94][100] - The trend of expanding the scope of non-compete agreements has led to situations where employees are restricted from working in entire industries, effectively limiting their career options [28][29] - Some companies are beginning to offer support for employees facing non-compete claims, but this assistance is often limited and varies significantly based on the employee's level within the organization [62][66] Group 5: Future Outlook and Recommendations - There is a growing call for reform in the legal framework governing non-compete agreements, including setting compensation limits and increasing employer costs [112][113] - The article suggests that improving the legal protections for employees and promoting a more flexible labor market could alleviate some of the issues associated with non-compete agreements [110][125] - Companies that prioritize employee well-being and create a supportive work environment may find that they retain talent more effectively than through restrictive agreements [105][106]
宗馥莉不得挪用!娃哈哈宗氏“百亿”财产纠纷案判决书曝光;网传汪林朋“绝笔信”为假;智元机器人获国际集团战略投资丨邦早报
创业邦· 2025-08-02 01:09
Group 1 - The court ruling in the inheritance dispute of Wahaha Group founder Zong Qinghou confirmed that the assets in a specific bank account are trust property for three plaintiffs, prohibiting Zong Fuli from withdrawing or transferring any assets from the account until a final ruling is made by the courts in Hangzhou [3] - The plaintiffs, who are half-siblings of Zong Fuli, claim their rights to the trust property, which includes a request for interest earnings based on a principal of $2.1 billion and compensation for unauthorized transfers amounting to $108,500 [3] Group 2 - Major food delivery platforms, including Meituan and Taobao, announced a commitment to regulate promotional activities and curb irrational subsidies, aiming to foster healthy competition within the industry [5][6] - The platforms will implement measures such as adhering to anti-monopoly laws, ensuring transparency in subsidy information, and protecting the pricing autonomy of merchants [6] Group 3 - Apple reported a quarterly revenue of $94.04 billion, a nearly 10% year-on-year increase, despite facing an $800 million loss due to tariffs [11] - iPhone sales grew by 13.5% to $44.58 billion, and sales in Greater China reached $15.37 billion, marking a 10% increase [11] - Apple has acquired approximately seven companies this year, focusing on enhancing its AI capabilities [11] Group 4 - Nintendo's first-quarter sales reached 572.36 billion yen, a 132.1% year-on-year increase, with a net profit of 96.03 billion yen, up 18.6% [12] - The CEO of Jaguar Land Rover, Adrian Mardell, announced his retirement after nearly three years in the role, during which he led the company to its best profitability in a decade [12] Group 5 - The global tech industry has seen over 80,000 layoffs this year, with a 36% decline in job postings compared to early 2020 [21] - A report indicated that 171 tech companies have announced layoffs, totaling 80,250 employees [21]
9点1氪|香港高院判决宗馥莉不得动用汇丰账户资产;微信提现手续费最低下限改为0.01元;武汉大学回应“图书馆事件”
3 6 Ke· 2025-08-02 01:00
Group 1 - The Hong Kong High Court ruled that the assets in the HSBC account under Jianhao Venture Co., Ltd. are trust properties benefiting the plaintiffs, and the defendant, Zong Fuli, is prohibited from withdrawing or transferring any assets from the account until a final ruling is made by the courts in Hangzhou [1] - Tencent announced a change in the WeChat withdrawal fee structure, with the minimum service fee now set at 0.01 yuan, effective from July 25 [2] Group 2 - Wuhan University is conducting a comprehensive investigation into the disciplinary actions against a student and the thesis of another student following a court ruling related to a harassment case [3] - Dongfeng Liuzhou Automobile responded to a video claiming that its truck could not withstand a collision with a Li Auto vehicle, stating that the video was used without authorization and misrepresented [4] Group 3 - Moderna announced a global workforce reduction of 10%, equating to nearly 1,000 employees, due to declining sales of its COVID-19 vaccine, with its stock price dropping over 8% following the announcement [6] - The three major telecom operators in China have unified their outbound marketing numbers to standardize telemarketing practices [7] Group 4 - Dazhongcheng Real Estate announced plans for privatization and delisting, proposing to repurchase shares at a cost of 29.32 billion Hong Kong dollars, citing market performance fluctuations as a reason [11] - TikTok merged its core product team with its trust and safety team to enhance platform responsibility, focusing on user experience and minor safety [12] Group 5 - Goldman Sachs is preparing to acquire ice cream manufacturer Froneri for an estimated valuation of $17.13 billion, with the deal expected to be signed as early as September [12] - Nintendo reported a first-quarter net sales of 572.36 billion yen, a year-on-year increase of 132.1% [15] Group 6 - Nova Fusion completed a 500 million yuan angel round financing, setting a record for the largest single financing for a private fusion company in China [16] - Manus launched a new feature called Wide Research, allowing the scheduling of over 100 intelligent agents to handle complex research tasks [17] Group 7 - Sony's PlayStation 6 specifications were revealed, indicating a performance increase of up to three times compared to the PlayStation 5, with a planned release around late 2027 [17]
最高法:竞业协议对非涉密员工无效
第一财经· 2025-08-01 03:07
Core Viewpoint - The Supreme Court has issued judicial interpretations and typical cases regarding labor disputes, specifically addressing the indiscriminate signing of non-compete agreements by companies, which impose high penalties and severely restrict workers' employment rights. This interpretation will take effect from September 1 [1]. Group 1 - To prevent the leakage of trade secrets and unfair competition, the judicial interpretation states that non-compete clauses agreed upon by employers and employees are legally valid, and employees who violate these agreements must bear legal liability [1]. - To curb the "abuse" of non-compete agreements and ensure the orderly flow of talent, the interpretation clarifies situations where non-compete clauses are invalid. Specifically, if an employee is unaware of or has not been exposed to confidential matters, the non-compete clause will not be effective [1]. - In cases where employees fall under the category of non-compete personnel, the scope, region, and duration of the non-compete clauses must correspond to the trade secrets and related confidential matters that the employee is aware of or has been exposed to; any excessive provisions will be deemed invalid [1].
最高法:竞业协议对非涉密员工无效
Yang Shi Xin Wen· 2025-08-01 02:26
Core Points - The Supreme Court has issued judicial interpretations and typical cases regarding labor disputes, specifically addressing the legality of non-compete agreements and the responsibilities of employees who violate these agreements [1] - The new regulations aim to prevent the abuse of non-compete agreements by companies, which have been imposing high penalties regardless of whether employees have access to confidential information [1] - The interpretations clarify that non-compete clauses will not be effective if the employee was unaware of or did not have access to confidential matters, thus protecting the employment rights of those not involved in sensitive information [1] - Additionally, for employees who fall under the non-compete category, the scope, region, and duration of the non-compete agreement must align with the confidential information they are aware of, with any excessive terms deemed invalid [1]
劳动者必须签竞业限制和培训服务期协议吗?
蓝色柳林财税室· 2025-07-21 00:52
Group 1 - The core concept of non-compete agreements is that employers can require employees to sign such agreements to protect business secrets and intellectual property [3][4]. - Non-compete clauses can be included in employment contracts, and employers may provide monthly economic compensation to employees during the non-compete period after termination of the contract [5][8]. - The non-compete period cannot exceed two years, and it applies only to senior management, senior technical personnel, and other employees with confidentiality obligations [7][8]. Group 2 - A service period can be established when an employer provides specialized training costs and conducts professional technical training for the employee [10][11]. - If an employee violates the service period agreement, they must pay a penalty that does not exceed the training costs provided by the employer [11][12]. - Employers can only stipulate penalties for violations of the service period or non-compete agreements, and cannot impose arbitrary penalties in other situations [13].