[Say · Law] Do bosses need to compensate employees after signing the competition restriction agreement?

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Labor and Personnel Dispute Arbitration Council, Baoshan District, Shanghai

Mediation Acceptance President

Guest

Scene theater

Employee Xiao Wang

Hey, Boss Li, the competitive restriction agreement you signed with me. Now it's almost half a year, I can't find it at work. I have already taken the mountain and the sky. Do you have to give me some economic compensation!

Boss Li

Xiao Wang, we did not say what economic compensation was given in the competition restriction agreement at the time! Why do you give you compensation?

Employee Xiao Wang

Are you nonsense? Intersection

Do bosses need to compensate employees after signing the competition restriction agreement?

Let's first explain what the competition restrictions are. The competitive restriction refers to the time limit for workers to work in a certain period of time within a certain period of termination or termination of the labor contract, operate similar businesses, or employers who operate similar businesses or other competitive relationships. Operate similar businesses. It is precisely because the workers have assumed the corresponding confidentiality business that they have also had certain restrictions on the employees' career selection. Therefore, workers also enjoy the right to enjoy certain economic compensation.

In our case, the workers did not have a specific economic compensation amount with the employer, but according to the judicial interpretation of the Supreme People's Court: the workers and the employer agreed in the labor contract or a confidentiality agreement, but If the labor contract is terminated or ended with economic compensation after the labor contract, if the worker fulfills the obligations of the competition restrictions, the employer may be required to be paid by the employer according to the laborer in accordance with the labor contract to be terminated or terminated. Economic compensation, and the compensation amount is not lower than the local minimum wage standard.

Therefore, in the previous disputes, the employer should pay the small king to restrict economic compensation in accordance with the standard of 30%of Xiao Wang's salary and not less than the minimum wage.

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