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#106  Dec 05, 2014    email version


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


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.
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