How to deal with bosses and employees

Chapter 35 How to be a Competent and Good Employee - Career Development and Career (18)

[-]. Pay attention to non-compete issues when changing jobs

Non-competition, also known as non-competition, is a game rule between laborers and enterprises that is clearly stipulated by national laws to protect the commercial secrets of enterprises.It is mainly aimed at employees who have mastered the company's secrets and are not allowed to engage in related work that competes with the company during their tenure or after leaving the company, so as to protect the company's interests from illegal infringement.Generally speaking, the maximum limit for resigned employees is that they are not allowed to work in the same competitive industry within three years.So as a migrant worker, this is a problem that cannot be underestimated.

Case Story 1:

In 2000, a court in Zhengzhou City, Henan Province heard a case about non-competition.An employee worked as a technician in a paint manufacturing company in Zhengzhou. Before joining the company, the employee signed a confidentiality agreement with the company, and agreed that if he left the company within two years, he would not be able to work in the same industry locally.The employee didn't take this matter to heart, he left after working in the original unit for a period of time, and then went to work in another local paint company.Later, the boss of the original company found out that the boss took him to court with a lawsuit, so he had to lose the lawsuit and pay the original company a fine of 2 yuan, and he had to leave his current job.It's really not worth the loss if you lose your wife and lose your army!

Case Story 2:

In 2004, Beijing Haidian District Court heard a case.Mr. Zhang was originally the vice president of a digital production company. After leaving the company, he brought a lot of customer resources and related technologies to another TV display product manufacturer.For this reason, Mr. Zhang was finally sentenced to pay 50 yuan in damages to the original unit. At the same time, the TV display product manufacturer also assumed 250 million yuan in compensation.These are profound lessons about non-compete issues, and those who work hard in the workplace should pay attention.

Case Story 3:

Xiao Wu works in a private pharmaceutical company. When he entered the company, he signed a labor contract with the company. There was an agreement that he could not work in the local pharmaceutical industry within three years after leaving the company, and Xiao Wu also recognized it.After he joined the company, he was assigned to Nanjing, Jiangsu Province to carry out OTC business. After more than two years of hard work, he expanded many customers, and the business developed very well, and Xiao Wu also made some money.However, the management of this company is not very standardized, and it is also very harsh on the salesmen. Many salesmen come and go, and the turnover of talents is very high. Xiao Wu is able to persist.He also thought about leaving many times, but because he could still make some money, he endured it for two years.Later, his friends advised him not to work in this company. He has accumulated so many good customer relationships, so he can find some products and act as an agent himself.In this way, one is not controlled by others, and secondly, more profits can be obtained.Therefore, Xiao Wu started his own plan, and started his own business by using the original customer relationship after leaving the company.But not long after the good times, the old club came to the door and handed him over to the court directly.Xiao Wu lost the lawsuit and paid 5 yuan in compensation for it. He also invested tens of thousands of yuan as an agent, which was considered a waste.In the end, Xiao Wu had to start from scratch and find a new job.

Comments: The "Notice of the Ministry of Labor on Several Issues Concerning the Flow of Employees in Enterprises" stipulates: "Employers may also stipulate that employees who possess commercial secrets shall not be allowed to produce similar products within a certain period of time (not more than three years) after the termination and rescission of the labor contract. or other employers that operate similar businesses and have a competitive relationship, and are not allowed to produce similar products or similar businesses that compete with the original unit, but the employer should give the employee a certain amount of economic compensation. The payment of corresponding economic compensation is the prerequisite for whether the non-compete clause takes effect.Non-competition is not a clause that must be agreed upon between the laborer and the employer when signing a contract.The boss should follow the principle of fairness when using the non-competition clause. If there is a non-competition agreement, the employee should be given corresponding economic compensation according to the regulations when the labor contract is terminated or terminated; Obligations, but no compensation is actually a means by which employers take advantage of their advantageous position in signing labor contracts to maintain monopoly operations and restrict competition for themselves to restrict workers' freedom to choose jobs.Therefore, when employees sign a "non-compete" agreement with the company, they must pay attention to the clause "the unit shall pay the laborer a non-compete compensation fee" to protect their legitimate rights and interests as much as possible.

(End of this chapter)