If the labor contract expires and the confidentiality agreement stipulates prohibition of employment restrictions, it shall continue to be performed.
According to Articles 23 and 24 of the Labor Contract Law, the employer may, with senior managers, senior technicians and other persons with confidentiality obligations, disclose information in the labor contract or confidentiality agreement. The agreement stipulates confidentiality matters and stipulates that after the labor contract is terminated or terminated, the employee will be given monthly financial compensation during the non-competition period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed.
The restricted area, period, economic compensation and amount of liquidated damages shall be agreed upon by the employer and the employee, but the period of business ban shall not exceed two years.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (IV) (Fa Interpretation [2013] No. 4), the parties have agreed on non-competition restrictions in the labor contract or confidentiality agreement. , but there is no agreement to provide economic compensation to the employee after the labor contract is terminated or terminated. If the employee has fulfilled his non-competition obligations, he may require the employer to pay 30% of the employee’s average salary in the twelve months before the labor contract is terminated or terminated and no Financial compensation is paid monthly below the local minimum wage standard.
If the employer fails to pay economic compensation for three months, the employee may request the People’s Court to terminate the non-compete agreement and pay three months of economic compensation; if the employee violates the non-compete agreement, he may file a lawsuit with the employer. After the unit pays liquidated damages, the employer may require the employee to continue to perform the non-compete obligations as agreed.