In violation of the restrictions on competition, the editor of a publishing house in Beijing was cut off.

Talent is the core advantage of enterprise development. However, in recent years, the core employees who have mastered the company's business secrets have brought difficulties to the protection of the business secrets of the company. The "competitive restriction" system came into being. In judicial practice, the dispute over the restrictions on the race restrictions on jobs occurred. Recently, the labor and personnel dispute arbitration committee of Chaoyang District (hereinafter referred to as "Chaoyang Arbitration") ruled a case that violated the competition agreement. Continue to fulfill the obligation of competition restrictions, and at the same time pay a liquidated damage of 24029.71 yuan to the original publishing house.

Less than a year of promotion, the deputy editor -in -chief editor of the Publishing House Teaching Material Center

The ruling shows that Jia Moumou joined the original Publishing House in 2012 with his position as a business post. The two parties signed a fixed term labor contract twice in a row. The second labor contract period was ended on September 30, 2022. Both labor contracts include "the attachment of this contract is an inseparable part of this contract, and has the same legal effect as the contract, including the" Head employee manual "," Confidentiality Agreement "," Competitive Prohibition Agreement "," Training Service " "Period Agreement" and other content.

Jia Moumou was promoted to the deputy editor -in -chief of the Editorial Center of the Publishing House on September 23, 2020. Less than a year after promotion, Jia Moumou proposed to resign on the grounds of personal reasons and children's admission.

During his tenure in the original publishing house, Jia Moumou had repeatedly signed a statement to promise to comply with the contents of the "Employee Manual". Because of his responsibility for the writing of art textbooks, he signed a confidentiality agreement with the original publishing house on September 10, 2021.

After Jia Moumou left, the original publishing house sent Jia Moumou's "Notice of Performing the Restrictions on Competition", and used postal remittances to pay for compensation for 3 months of competition restrictions on a monthly, 7088.41 per month, 7088.41 per month Yuan. Jia Moumou joined another publisher in November 2021 as the director of the art editorial office.

The original publishing house believes that Jia Moumou's newly -employed unit has a competitive relationship with him, and his behavior has constituted a clear breach of contract. On January 26, 2022, he filed an arbitration application to Chaoyang Arbitration and requested that Jia Moumou continued to fulfill the obligation to the competition restrictions. And paying a liquidated damage of 70400.4 yuan in violation of the obligations of competition restrictions.

Whether to violate the restrictions on competition to become the focus of controversy

During the trial, whether the two publishers involved in the case constituted a competitive relationship, and whether Jia Moumou had the obligation to fulfill the restrictions on competition became the focus of debate.

The original publishing house submitted the company's 2016 edition, 2018 edition, and 2020 edition "Employee Manual" (three "employee manuals" all showed that "the company implements a competitive restrictions on employees with confidentiality obligations, the deadline is 2 years" ), Jia Moumou signed a statement that he knew the "Employee Manual" and promised to obey on June 30, 2018 and June 30, 2020, and the confidentiality agreement signed by Jia Moumou with the company, which proved that Jia Moumou was negative as a negative. Employees with confidential obligations need to implement the obligation to restrict competition, and the period for restrictions on competition is 2 years. Original Publishing House also said that Jia Moumou proposed an important node to write a righteous art textbook, and he mastered business secrets.

In this regard, Jia Moumou recognized the authenticity of the 2018 edition and the 2020 version of "Employee Manual". Jia Moumou believes that the two parties have not agreed to restrict their obligations, saying that the agreement submitted by the original Press was suspected of forgery, but did not provide counter -evidence; Jia Moumou also argued that he did not receive the 2016 version of "Employee Manual", the 2018 edition and 2020 edition. "Employee Manual" is not binding to him; he is the director of the editorial office of the current work of the publishing house, and the position and specific work content of the work and the work of the original publishing house are not competitive.

Chaoyang arbitration: more than 20,000 yuan in violation of competition restrictions

The Chaoyang Arbitration Trial believes that the main businesses of the two publishing houses that Jia Moumou worked before and after the job change are primary and secondary school textbooks, including book publishing and distribution. The two publishers have a competitive relationship; The person in charge of the department; according to the relevant documents and laws and regulations of the labor contract signed by the two parties, the personnel of Jia Moumou belong to the person who has a confidentiality obligations stipulated by the original publishing house and the duration of the obligation to restrict the competition restrictions, the bidding restriction obligations, For 2 years.

Based on the basic facts of Jia Moumou's job change, Chaoyang Arbitration believes that Jia Moumou's behavior has violated the limitation of competition. In the end, in accordance with Article 23 of the Labor Contract Law of the People's Republic of China and Article 6 and 42 of the Labor Dispute Conversion of the People's Republic of China Continue to fulfill the obligation of competition restrictions, and pay a liquidated damage of 24029.71 yuan to the original publishing house. (Source: Rule of Law Daily)

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