[Say · France] Can the person in charge of the company lift the competition restriction agreement privately?

Shanghai Baoshan District Rong Media Center and Baoshan District Judicial Bureau jointly launched a short video column of the Law Lecture Hall "Speaking · Law", inviting legal professionals such as famous judges or lawyers in the area to select the laws that are closely related to the lives of the people in the civil code. Starting from an early age, transform the laws and regulations of one by one into a highly visible story video, helping the audience to interpret the "Civil Code" to protect their own rights and interests legally.

Labor and Personnel Dispute Arbitration Council, Baoshan District, Shanghai

Mediation Acceptance President

Scene theater

boss

Hey, little king, I have verified with personnel, and we did not agree on economic compensation in the competition restriction agreement we signed before! Then I don't think so, anyway, there is no economic compensation, or even if this agreement is abandoned!

Employee Xiao Wang

How is it possible? Do you say it is invalid? Do you do n’t understand the law when you do it? Intersection The limits of the competition are two years, not you can do void!

boss

Then I tell you clearly, don't ask you to perform, is this okay?

Employee Xiao Wang

Impossible, impossible!

Can the boss lift the competition restriction agreement without permission?

Regarding this issue, the judicial interpretation of the Supreme People's Court of the Supreme People's Court is provided for this issue: within the time limit of the competition restrictions, the employer requests the termination of the competition restriction agreement, the people's court shall support it. When lifting the competition restriction agreement, if the worker requires the employer to pay an additional three months of competition restrictions on economic compensation, the people's court shall support it. Therefore, in this case, the employer can terminate the competition restriction agreement, but it is necessary to pay for the three -month competition restriction of economic compensation for the three months of the king.

It turns out that our competition restrictions are mainly targeted at senior managers, senior technical personnel of the unit, and other people with confidentiality obligations. However, in practice, we find that the employer is signed The competition restriction agreement is that when the dispute occurs, the employer discovers that these personnel do not need to travel to the competition restrictions. The rights and obligations correspond to each other. Since the employer wants to fulfill the obligations of the competition restrictions, the employer must bear it. Corresponding legal responsibilities and paying the corresponding economic compensation of the workers, we also hope that the employer and the workers are distinguished and optional when the employer agreed to the competition restrictions or sign the competition restriction agreement.

Source: Shanghai Baoshan official WeChat

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