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#106  Dec 05, 2014    email version

经济补偿支付标准约定不明,竞业限制条款的效力如何认定?

How to recognize the validity of non-competion clause when economic compensation standard is not clearly agreed?

竞业限制条款对经济补偿的支付标准未有明确约定的,在劳动者履行了竞业限制义务的情形下,用人单位需按照劳动者离职前十二个月平均工资的30%支付相应的经济补偿,且该标准不得低于劳动合同履行地最低工资标准。

if the employee has fulfilled the obligations under the non-compete clause when an employer and an employee have not agreed upon the payment of economic compensation to the employee, ,the employer should pay the economic compensation according to 30% of the employee’s average salary over the twelve-month period preceding the rescission or termination of the employment contract, and the payment of economic compensation should not be lower than the minimum wage standard applicable in the place where the employment contract is performed.

  • 竞业限制的补偿
  • Compensation for non-competition
  • 用人单位与劳动者约定竞业限制的,各地都规定应给予一定经济补偿。对竞业限制补偿金的最低标准,各地规定不一。
  • Where there is an agreement between the employing unit and the employee on non-competition, provisions on making certain economic compensation are available in all localities. As regards the minimum standard of economic compensation for non-competition, the provisions in different localities vary.
雇佣动态 / Employment Express
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    The National Health and Family Planning Commission has recently made it clear that couples with either being an only-child will stop enjoying the only-child allowance when they choose to have a second child, but there is no need to refund the already enjoyed one-child allowances.

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    The Ministry of Human Resources and Social Security, in joint forces with seven other ministries, recently promulgated a notice, stating to carry out a nationwide special inspection on the payment of wages of migrant workers. The inspection will focus on whether wages of migrant workers are paid as per relevant regulations, whether such wages are in compliance with minimum wage standards and overtime pay is given in accordance with law, whether business owners have defaulted on wages of migrant workers and then run away, whether employing units have signed labor contracts with migrant workers, etc.

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    Guangzhou Housing Provident Fund Center has recently released a notice to loan banks, asking all banks to implement the automatic reporting of all loan applications (including application materials and applied credit) by the system based on their application time from December 1. Moreover, the monthly loan quota will be further regulated, to realize real "waiting" and avoid "battling for" the quotas.

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    Pursuant to the Methods of Shenzhen on Subsidies for Vocational Training of On-job Employees, the average vocational training subsidy is raised from last year's RMB 1580 to RMB 1750. Eligible workers can enjoy one subsidy each year. The Methods also encourage more enterprises to independently carry out skill and talent appraisal, which can be fully subsidized.

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    Chinese Service Center for Scholarly Exchange of the Ministry of Education has recently released the Blue Book on Overseas Studying Students Returning to China for Employment 2014. According to the book, as of 2013, cumulatively nearly 50% of those who go overseas to pursue studies have returned to China for employment, 80% of whom have a monthly salary less than RMB 10,000.

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    According to the China Labor Market Report 2014 released by the Research Center for Labor Market of Beijing Normal University, the working hours of Chinese workers are around 2000-2200 hours annually, equivalent to the level of UK, US, Germany, France, and other countries in the 1920s to 1950s.

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    Data recently released by Shenzhen Municipal Human Resources and Social Security Bureau shows that, a total of 2040 people with overseas study experience were introduced by Shenzhen in the first half of 2014, exceeding two-thirds of total number in 2013. This represents a year-on-year growth of 63%, hitting new record high.

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    From November 1 to 26, 2014, executives of 161 listed companies resigned, including 80 companies listed on Shanghai Stock Exchange and 81 companies listed on Shenzhen Stock Exchange.

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