推动竞业限制"全员签约"、对竞业限制经济补偿"低偿高罚"、顶格设置竞业限制期限……近年来，企业 和劳动者关于竞业限制的纠纷时常引起讨论。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。 答：经济补偿是企业对劳动者履行竞业限制义务的补偿，违约金是劳动者未履行竞业限制义务需向企业 支付的相应金额。实践中，有的企业与劳动者约定支付过低的经济补偿，但约定过高的违约金；有的以 工资中已包含经济补偿为由，不再支付。 指引明确，企业要求劳动者承担竞业限制义务的，需支付经济补偿。企业应根据商业秘密的研发成本和 商业价值、限制从业范围、劳动者在职期间工资水平、对劳动者就业择业和职业发展的影响等，合理确 定经济补偿。企业支付给劳动者的月经济补偿，一般不低于劳动者在劳动合同解除或终止前12个月平均 工资的30%，且不低于劳动合同履行地最低工资标准。竞业限制期限超过1年的，月经济补偿一般不宜 低于劳动者在劳动合同解除或终止前12个月平均工资的50%。企业应在竞业限 ...

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]

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]