Event Playback
This year in November, Tencent 15 former employees were prosecuted because they violated the "noncompete agreement", switched to rival 51.com work. Employees of the defendant, the prosecution let the old owner was furious indignation, but also worry. For the Tencent company, "The switch to a large number of employees to give competitors technical and commercial secrets," the long run will it bring irreversible damage. Meanwhile, opponents frequently Tencent think even for people who already acts throughout the sector, to bring the company's normal operating difficulties. As for the "winkle company" is concerned, obviously the expansion of commercial competition in the common behavior, but also faces challenges to switch to after-care staff.
The current session the proceedings, but did not receive employee Tencent private reconciliation requirements, at the same time, to lure them away by 51.com also issued a statement, said the staff is considering to hire a lawyer on behalf of the respondent.
Expert Comments
Career re-accumulation of credit
ChinaHR Director of Human Resources Li-Rong Zhang
This switched to the three parties will not bring long-term interests. Was dug from the side, first reflect on their own responsibility for loss of staff where quick improvements to prevent further similar incidents; course, in the staff induction include full terms and liability is the most effective; from winkle side is able to obtain only short-term interests in the long run is not wise; Maybe someday these people will repeat here; then for staff to move on, the future of society is becoming increasingly important credit , maliciously switched abroad to pay the price of credit, from the career speaking, there is accumulation of dishonesty against themselves. Mature companies should promote healthy competition, but should stay away from malicious.
Each based on three grievances dilemma
Internet attorney experienced in the Wealth of Nations
Learn more ways to protect corporate trade secrets
In general, companies with the following two ways to protect trade secrets, confidential one to establish a sound system, such as the signing of various agreements, limited to a variety of learned the secret of the authority, or simply by applying for patents to protect business secrets; second regard, companies can determine if the leaks can also be resolved through legal channels, this is a legal basis in law's.
Currently, many enterprises have not yet want a good confidential way is by all technical means to prevent leakage of secret or open secret, but as far as possible apply for a patent, but also good human resources management.
The new labor law have left more to protect rights
If employees want to win the case, it is not impossible, because under the "noncompete" agreements, while companies can require employees to leave after a certain period of time not to join rival company, but it should also be given to workers compensation. Under the new labor law, such compensation should be when employees leave, it is more reasonable.
Who already had legal responsibility to discharge that is bounded
If the employee does not terminate the contract and the original unit, then lure them away knowing that the matter in the case of employees are still employed, it is to bear legal responsibility. However, if the employee has and for the units to lift a contract job that got to understand, then, even if there is a "noncompete" agreement first, and bear the risk of litigation is only my staff, who already had a legal responsibility is difficult to .
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