The Maximum Duration Of A Business Competition Is 2 Years And Payment Must Be Made.

When Xiao Sun proposed to resign and complete all the handover procedures, the unit did not give him a proof of his resignation, saying he wanted to know which company he was hired.

After telling the name of the new company, the unit also signed the competition agreement.

Xiao Sun is a software development engineer of a company. He resigned in October last year.

The unit leader signed his resignation letter, but after the completion of all the handover formalities, the company gave him no leave proof.

The reason is that he is involved in the development of the important software of the company. In order to prevent leakage, the company must know the new unit name of Xiao Sun's work.

Xiao Sun thought it was ridiculous, but he left to leave as soon as possible.

Then, the other party produced a competition agreement to let Xiao Sun sign.

In addition to the fact that Xiao Sun can not engage in the development of the same software varieties as the company, it also prohibits him from developing a variety of software in 10 years.

Xiao Sun told reporters: "how long is the time limit for a unit? How can I work after that?" and refused to sign.

No sign

If you can't get the certificate of turnover, you can't get to the new unit.

But he called the staff hotline for help.

The operator told him, according to "

According to the regulations, the duration of a competition shall not exceed 2 years, and after signing a competition agreement, the unit shall give laborers financial compensation on a monthly basis.

After hearing the explanation, Xiao Sun once again discussed with the personnel department of the unit.

Finally, the unit amended the competition agreement, and stipulated that the duration of the competition restriction was 2 years. During this period, the unit paid the economic compensation to Xiao Sun by 20% of the original salary.

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Although the thirty-fifth clause of the labor contract law stipulates: "employers and workers can agree to change the contents stipulated in the labor contract.

Change of labor contract shall be in written form. "

That is, oral change is not necessarily legally binding, but in the process of specific employment, some employers only use oral form to change labor contracts with workers, and the actual performance is far from being specific. If it is totally negated, it is obviously not conducive to maintaining stable labor relations, nor is it conducive to safeguarding the legitimate rights and interests of workers.

Therefore, the eleventh provision of interpretation four stipulates: "the labor contract is not written in the form of change, but has actually fulfilled the labor contract that has been changed orally for more than a month. The content of the labor contract after the change does not violate the laws, administrative regulations, national policies and public order and good customs. If the parties concerned advocate that the labor contract change is invalid on the ground that the written form is not written, the people's court shall not support it."

That is, in view of the fact that the labor contract after the oral change of the company has been carried out for three months, and the company has not raised the question of the need to reduce wages due to the post adjustment, the legal effect of the labor contract after the change has been decided, and both of them must comply with each other's execution.

1, in accordance with the provisions of this article, under normal circumstances, as long as the employer and the laborer agree on a negotiated agreement, the content stipulated in the labor contract can be changed.

That is to say: first, the labor contract is a negotiated agreement reached by the labor relations parties. Of course, it can also be negotiated and changed. If the contents of the labor contract are agreed by both parties through consensus, they can be changed by consensus.

Secondly, for changing the labor contract, the employer and the laborer shall adopt a voluntary negotiation method, and do not allow one party of the contract to unilaterally change the labor contract without consultation.

If a party arbitrarily changes the contents of the contract without the consent of the other party, it is invalid in law. The content after alteration is not binding on the other party, and the practice of arbitrarily changing the contract is also a breach of contract.

Thirdly, the change of the labor contract is only to modify, supplement or delete the contents of the original labor contract, rather than changing all the contents of the contract.

For the part of the labor contract that needs to be changed, the parties concerned must reach an agreement after consultation.

If any party disagrees with the content to be changed in the process of negotiation, the contract change on that part of the contract will not be valid and the original contract will still have legal effect.

Finally, in the process of change, we must abide by the same principles as signing labor contracts, that is, following the principles of legality, fairness, equality and voluntariness, consensus and honesty.

2. According to the provisions of the fortieth paragraph and the third paragraph of this law, the objective situation on which the labor contract is concluded is subject to major changes, resulting in the failure of the labor contract to be fulfilled. After the employer and the laborer have failed to negotiate an agreement on the contents of the labor contract, the employer can terminate the labor contract by writing the notice to the worker himself in writing or paying the worker one month's wages on the thirty th day.

It can be determined that the objective situation on which the labor contract is concluded has changed significantly, which is an important reason for the change of the labor contract.