Recently, the competition agreement between Ningde Times and Haichen Energy Storage has caused a lot of hubbub. According to people familiar with the situation, new employees in Ningde Times need to sign up to 100 non-competition agreements, and if they enter the non-competition list after leaving their jobs, the liquidated damages will be at least 1 million yuan. It is understood that the legal department of Ningde Times has special personnel to investigate the situation of employees after they leave their jobs, and even has revenue indicators. "
This year's graduates to the Ningde era, to sign this competition agreement, do not sign not to enter the post," a fresh graduate who got the Ningde era offer expressed great concern, "feeling is the overlord clause, was coerced to sign a time bomb.".
In a 13-page non-compete agreement he showed, Ningde Times listed 50 non-compete enterprises, including Lishen, BYD, Yiwei Lithium Energy, AVIC Lithium Power, Great Wall Motor, Weima, Ideal, Xiaopeng, Weilai and other well-known enterprises. According to
industry insiders, this list is last year's version, and this year's version has increased to 100 , and the scope is not limited to this list. The
competition agreement stipulates that the liquidated damages shall be five times the total pre-tax income of the 12 months before leaving office or 1 million yuan , whichever is higher. This also means that as long as you leave the Ningde era, if you are claimed for non-competition, it will be at least 1 million yuan .
the Ningde era, competition restrictions "kill all sides", so that employees seem to be "sealed in the Ningde era".
Why have there been more non-competition disputes in the Ningde era in recent years?
A person who left Ningde Times many years ago said that although he signed a non-competition agreement when he joined the company, he did not start when he left.
"At that time, the situation of starting competition restriction was relatively small," the person said. At that time, the awareness of enterprises may not be so strong. "But later, the Ningde era developed, everyone was digging Ningde people, and their technology outflow was more, so they began to increase competition restriction."
The above-mentioned people said that in recent years, new employees in Ningde era, especially in technology , have to sign a competition agreement after the probation period, regardless of their rank. "Before, when leaving office, whether to start non-competition or not, the most important thing is to see your leader. Later, I heard that there is no difference in starting , as long as the agreement has been signed."
Compared with higher-level managers, the situation faced by grass-roots employees in Ningde era is more embarrassing. Former employees
of Ningde Times said that they received a total of about 20000 yuan of non-competition compensation for six months after leaving their jobs, and were later arbitrated by Ningde Times, claiming 1 million yuan of liquidated damages. "Spending money to hire a lawyer is charged at 6% of the non-competition penalty, that is, about 60,000 yuan, and is only responsible for labor arbitration, and the cost of subsequent litigation is calculated once.". Ordinary wage earners can't afford to play at all.
Can we avoid violating the non-competition agreement?
"In the Ningde era, all the industrial chains from the upstream main engine factory to the downstream are competing ." Another industry insider said that the main reason for the Ningde era's attack on Haichen's energy storage was that Haichen dug a lot of people from the Ningde era. "About 30% of Haichen's people are from Ningde, and the most people who dug them in the past two years are Haichen ."
The above-mentioned people believe that because the technology of Haichen and Ningde era comes down in one continuous line, the products are all winding batteries, so the two enterprises grab customers more fiercely, "it may be more intolerable."
The reason why there is such a hot human resources market is also because of the heat of the industry. "This year, the industry has calmed down a little bit. Last year, it was crazy to dig people." This person also had a similar experience. He recalled, "At this time last year, I had to answer five or six headhunters a day. I said I had a competition restriction, and they said it could be solved."
The above-mentioned people said that there is a mature response routine in the industry, but in fact, there are not many people who seriously start the competition agreement to sue for compensation. "Many times after we go out, it is not as good as the Ningde era, after all, job-hopping is a common phenomenon, we have a good reunion, generally signed a competition agreement and rarely start directly."
Ningde Times has also made considerable investment in this area. A person close to Ningde Times said that there are special personnel in the legal department of Ningde Times to do the investigation of non-competition. "To check the situation of employees after they leave their jobs, they will send some express delivery to Youshang Company to see if they have signed for it. If they have signed for it, there will be special people to take photos, and then submit the evidence.". I used to hire a private detective to investigate these things. According to
the above-mentioned sources, it is said that the department also has revenue indicators, and the compensation for claims may be tens of millions a year.
Professionals said that the original intention of non-competition is to protect the legitimate rights and interests of employers and avoid unfair competition, but some enterprises are also drilling holes. For example, the competition agreement and the labor contract are bound to sign together, and the entrant has no choice; As well as the minimum level of non-competition compensation, such as 30% of the basic salary, excluding subsidies, bonuses, overtime pay, year-end awards, so that the actual compensation can be lower, basically about 20% of the average annual monthly income; In addition, the scope of non-competition is maximized. For example, the scope of non-competition includes all business areas of Party A and its related parties. If the registered business scope, website introduction business scope and advertising coverage of Party B's new unit are the same or partially the same or similar to those of Party A, it constitutes a non-competition enterprise; It can also set the liquidated damages for breach of the non-competition agreement at a ridiculously high level, such as starting at 1 million.
"According to the requirements of this agreement, leaving a job means changing careers, or even changing careers is risky, and the reduction of income can not be compensated by that compensation." A former Ningde Times employee said that many people thought that only the list of companies attached to the competition agreement was within the scope of competition restriction, which was obviously a misunderstanding. At present, there are more than thousands of newly established new energy companies in China every year. According to the competition agreement, these companies and other companies invested by their shareholders have become the object of restriction.
In fact, the issue of non-competition in Ningde era has also aroused heated public opinion before.
"At that time, the employer brand image of Ningde Times suffered a great blow. For a period of time, the rejection rate of their offers reached 80%," said an industry insider. Later, Ningde Times reached a settlement with some enterprises, promising not to poach each other, and also received some compensation.
"The original idea was to enter the Ningde era to get a pass for the new energy industry, but the competition agreement of the Ningde era directly blocked the road." When talking about whether to work in Ningde Times, a job seeker said, "If it involves a competition agreement, it is suggested to consider carefully, basically leaving Ningde Times can not stay in this industry.." The best way is not to leave your job. If you really want to leave your job, take a rest at home for a period of time.
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