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#72  Mar 28, 2014    email version


Can New Employer Become Co-Defendant in Non-Competition Cases?


if an employee violates the agreement of Non-Competition, the former employer can only sue the employee, but cannot bring an action against the new employer, except that the employee uses the business secrets that belong to the former employer. Under this circumstance, the former employer can sue the employee and the new employer on the account of infringing business secrets.

  • 后用人单位被担责
  • New Employer Held Accountable
  • 建议广大企业在招聘员工时,就员工的竞业限制义务作必要的排查,并在相关的法律文书方面作出必要的安排,以免因招聘员工而引火烧身。
  • We advise that the enterprises shall make necessary investigation on the Non-Competition obligation of the employee when doing recruitment and make relevant arrangements on legal documents to avoid risks due to the new recruited employees.
雇佣动态 / Employment Express
  • 财政部:今年实施企业年金个税优惠政策

    Ministry of Finance: preferential policy concerning personal income tax on enterprise annuity will be implemented this year


    Mr. Lou Jiwei, Minister of the Ministry of Finance, said recently that our nation will implement a preferential policy of delayed payment of personal income tax on enterprise and occupational annuity this year. Our nation will consider to introduce this policy for those not working in enterprises, so as to encourage them to participate in commercial insurance.

  • 人社部:对行动不便的工伤职工上门鉴定

    Ministry of Human Resources and Social Security: perform door-to-door appraisal for those employees who cannot move freely due to work-related injury


    The person in charge of the work-related injury insurance company of the Ministry of Human Resources and Social Security said recently that, in order to provide convenient service for employees suffering from work-related injury, the committee for labor capacity appraisal will arrange experts to perform door-to-door appraisal of labor capacity for those employees who cannot move freely due to work-related injury.

  • 以房养老拟在北上广汉试点

    The house-for-pension scheme is to be implemented in Beijing, Shanghai and Guangzhou and Wuhan


    China Insurance Regulatory Commission has issued to each life insurance company the Guidance for Trail Implementation of Reverse Mortgage of Elder People's House for Pension (exposure draft), and plans to implement such system in Beijing, Shanghai, Guangzhou and Wuhan firstly.

  • 广州:研究生入户年龄限制放宽到40岁

    Guangzhou: the age limit for residence registration of employee with postgraduate certificate was extended to 40


    Guangzhou issued a new policy of residence registration recently. In respect of introducing talents, the employee with postgraduate certificate or professional qualification of technician may apply for residence registration in Guangzhou provided that employee age does not exceed 40.

  • 北京:医保账户封闭后 存折资金仍可取

    Beijing: the funds in deposit book can still be withdrawn after medical insurance account is closed


    Beijing Human Resources and Social Security Bureau recently said that the funds in the deposit book of medical insurance is owned by individual and can still be withdrawn at any time after the medical insurance account is closed.

  • 88%


    Towers Watson, a consulting corporation, recently released a survey result of the Latest HR Trend in 2014, showing that 88% of the surveyed enterprises will increase the number of their employees in 2014 by nearly 10% of their current employee quantity in average.

  • 42.54万


    Among the companies listed on Shanghai and Shenzhen Stock Market that have released their annual report, the industries with average annual salary on top of the ranking are non-banking financial institution (425.4 thousand), bank (393.2 thousand), real estate (168 thousand) and mining (133.7 thousand).

  • 10%


    A survey made by Zhilian Recruitment on the white-collar workers in Guangzhou shows that over 10% of the white-collar workers decide to change work this year mainly for the purpose of seeking the balance between work and life.

  • 1.41万


    The Statistics Section of the Government of Hong Kong Special Administrative Region recently announced that the median of employee's monthly salary in Hong Kong was 14.1 thousand HKD from May to June of last year, increasing by 5.2% than last year's 13.4 thousand.

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