Does a non-compete obligation not apply to ordinary employees during their employment?

作者/编者:Junlu JIANG(partner), Kaitian LUO(managing associate), Di WU (legal assistant)
作者单位:金杜律师事务所
创作年代:2016
出处/来源:金杜律师事务所
学科分类:劳动法学
文献语种:

摘要

The Company Law of the People’s Republic of China explicitly states that directors and senior managers have non-compete obligations during their employment. The Employment Contract Law clearly provides that employers may negotiate non-compete obligations with employees, and employers shall compensate resigned employees for the non-compete period and employees must pay liquidated damages for breaching the non-compete obligation. However, whether non-compete obligations and liquidated damages are applicable to ordinary employees during their employment remains ambiguous. To probe deeper into this issue, this article discusses some cases in Beijing, Guangdong and Shanghai in an attempt to solve the puzzle in judicial practice.

关键词: Non-Compete Obligation; Liquidated Damages; Ordinary Employees

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