Recently, at the second "new human Summit", some labor experts advise: free career changers are subject to competition restriction. Senior management, senior technical personnel and other obligation to keep secrets
Personnel in a free career, we should pay attention to the "Labor Contract Law" the relevant provisions of the competition restriction, if the violation of relevant provisions of the damage caused to the employer to bear the relevant responsibility.
"Labor Contract Law" on January 1 next year will go into effect. Labor and Social Security Institute of Labor Science and Yi Cai Group Zuijin Zuzhizhuanjia in Beijing, Shanghai, Shenyang and other 6 cities are traveling propaganda activity to interpretation under this law content, seek the community on the implementation of this legal advice.
Not long ago, a technology company in Shenyang City, quit after three technicians set up the company with others, they used to steal from the original company's technology in the production, to allow the company hundreds of million of economic losses suffered due to the illegal infringement of commercial secrets Huoxing . However, if legal access to technology workers switched the secret of how to protect the rights of the original unit?
Ministry of Labour and Social Security Law Department, said health experts submerged in order to prevent "free quit" by way of infringement of the original units to hidden interests, "Labor Contract Law" stipulates the employer and the workers in the labor contract can keep business secrets and confidentiality and intellectual property related matters. If you quit in violation of the relevant competition restriction agreement, the employer shall agree to pay liquidated damages.
Competition restriction of the scope, territory and term of contract by the employer and the employee. In the dissolution or termination of the labor contract, subject to competition restriction officers within two years, do not get similar products with the unit, similar business competing with other employers, or their opening production, or operating such products, engaged in similar business. Bears the obligation of confidentiality on the employee, the employer may agree with their non-competition clauses, and agreement in the dissolution or termination of the competition restriction after the labor contract period, a monthly economic compensation to workers.
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