The Maximum Duration Of A Prescribed Term Of Competition Shall Not Exceed Two Years.
Q: Zhang Bin is a technician of a science and technology service company. When he signed the labor contract, the company also agreed on a confidentiality agreement. In the agreement, Zhang Bin and he agreed on a competition restriction clause, which stipulates that within three years after the termination or termination of the labor contract, the company will not get the work of a rival company or start its own business to produce similar products. Zhang Bin held that the time limit for competition is limited and there is no standard of compensation during the period of competition. This will bring great influence to the life of employees. He wants to know whether the agreement of the unit meets policy requirements.
A: according to the staff of the Tianjin city's human resources and social security telephone consultation service center: the competition restriction, for the laborers who have the obligation of confidentiality, the employer can stipulate the competition restriction clause with the laborers in the labor contract or confidentiality agreement, and stipulate that the workers will give the laborers economic compensation within the time limit of the competition right after the termination or termination of the labor contract. If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employer in accordance with the contract.
The time limit for competition shall be lifted or terminated. Labor contract After the relevant personnel arrive at other units that are competitive in the production or operation of similar products or engage in similar businesses in their own units, or the time limit for engaging in production or operation of similar products or engaging in similar businesses in their own businesses, the time limit for competition shall not exceed two years.
According to the above provisions, it is stated that there are some non conforming provisions in the terms of competition restriction stipulated by the enterprise and Zhang Bin. Agreed competition The limitation period is more than two years; two, the economic compensation for laborers is given monthly by no agreement. Employing unit In accordance with policy requirements, it should be adjusted to a period of no more than two years of competition restriction, and the laborers' economic compensation will be given to the laborers on a monthly basis.
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The reporter understands, network recruitment is convenient, but there are still a lot of traps.
Some job seekers reflect to reporters that Baidu's personal name is entered. It is actually a resume that has been registered on some recruitment websites, which leads to the detailed disclosure of personal data. This is a common problem reflected by many job seekers at this stage. At present, some websites have not shielded their resume from being caught by search engines in order to increase their traffic volume, resulting in the publicity of personal information of job seekers and a series of unexpected troubles.
Some copycat versions of "recruitment website" are not strict with enterprises, resulting in some Swindlers Company coming in at random, and checking the information of job seekers at random. Some job seekers with weak security consciousness are often deceived.
Network job search information is large and cost is low, but some malpractices such as information update is not timely and false information is everywhere, which also makes job seekers headache.
According to a recruitment website survey, the biggest job hunting trap in the workplace is the deposit and deposit, which accounts for 28.16% of the total. Some lawless elements make use of the psychology of job seekers eager to find jobs, and require that some expenses that should be borne by enterprises, such as file management fees and training fees, should be paid in advance. Even after the training is passed, they will borrow all kinds of harsh working conditions and requirements, forcing job seekers to retreat. Similar behaviors are common in online recruitment.
It is because of the above chaos, although the network recruitment has caused a certain impact on the traditional labor market, but even the online recruitment practitioners themselves believe that online recruitment can not replace the traditional labor market. "The network is just providing a platform, because of security and other disadvantages, network recruitment can not replace all the links under the line recruitment." A staff member of Zhaopin told reporters.
For some of these problems, some regular recruitment websites attach great importance to them. A person in charge of the recruitment platform told reporters that all the information displayed on the website will be manually checked to reduce the possibility of illegal information. For the fee information, if the job seeker is defrauded of the deposit by the enterprise, the platform will provide the advance compensation service.
"We will organize a number of recruitment fairs in many cities, so that enterprises and job seekers face to face, through the linkage of online and offline resources, to facilitate job seekers." The relevant person in charge of the blue collar recruitment platform, Ganji network, told reporters that the combination of online and offline job search will be a new direction for the future employment market.
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