PDD竞业限制全解,速收藏!
在pdd工作八年,经历过完整的竞业限制,我是属于比较听话的那种,反正协议也是的确是我本人签字同意的,为什么要违反呢。因此,我从头到尾没有违反竞业限制协议,毕竟PDD每个月有给我补偿。根据自己的亲身经历,结合身边同事的情况,现将拼多多所谓的竞业限制做一个详细解读:
首先,所谓“竞业限制”指用人单位禁止知悉商业秘密的劳动者在一定期限内从事竞争活动,划重点:用人单位要支付补偿,劳动者违反义务要付违约金。
1、pdd入职都要签竞业?
是的,几乎所有 pdd 员工入职时被要求签署竞业限制协议,企业这么做的主要是为了掌握主动权,同时给在职员工威慑感。这种情况在互联网行业不少见,包括宇宙厂等大厂,且员工在转正时不签可能无法转正,员工与公司谈判空间小。
2、签竞业一定会被启动竞业吗?
大厂用人单位理论上对掌握公司商业机密和核心技术、可能造成公司利益损失的员工启动竞业协议,但执行中存在人为干扰,如上级不满员工,在其离职时为难而启动竞业限制。
3、pdd竞业限制公司有哪些?
pdd 竞业限制对象范围过广,国内互联网公司基本都写进名单且无限扩大竞对范围,宇宙厂竞业限制范围也几乎覆盖国内互联网大厂及相关公司,部分岗位还涉及海外公司。
4、pdd会怎么举证员工违反竞业?
常规手段外,多名pdd前员工称被竞业限制起诉时pdd常采用第三方的跟拍取证。虽然有些令人不适,但仲裁机构或法院对此通常会采信。
5、竞业补偿金和违约金数额多少?
pdd和宇宙厂竞业限制每月补偿金为员工离职前 12 个月平均税前基本工资的 30%,违约金为离职前 12 个月年度税前总收入的 2 倍,多名pdd前员工称pdd常顶格索赔。
6、被启动竞业后要做什么?
每个月10号前邮件报备工作情况,未报备的可以不给竞业补偿金。
7、怎么知道自己竞业了没 ?
离职的时会被告知是否被竞,如果离职未被告知,一般就不会了,因为启动竞业离职时会需要填写竞业通知书上的一系列内容以及签字。如若公司三个月内没有支付竞业费,竞业协议也会自动作废。
8、被竞业限制的离职员工有何应对之法?
如果新公司确实想雇佣某一被竞业员工,会提供入职保护,包括使用顾问身份;使用其他公司缴纳五险一金;使用化名,不出现在公司团建和会议上等。不过这都是大佬待遇。
Having worked at Pinduoduo (PDD) for eight years and experienced a complete non-compete agreement, I am one of those who tend to follow the rules. Since I did sign the agreement myself, why would I violate it? Therefore, I never breached the non-compete agreement from start to finish, especially considering that PDD provided me with monthly compensation. Based on my personal experience and observations of my colleagues' situations, I will now provide a detailed interpretation of Pinduoduo's so-called non-compete agreement:
First, the "non-compete agreement" refers to an employer's prohibition on employees who are privy to business secrets from engaging in competitive activities for a certain period. Key points: the employer must pay compensation, and employees who breach the obligation must pay liquidated damages.
Do all PDD employees have to sign a non-compete agreement?
Yes, almost all PDD employees are required to sign a non-compete agreement upon joining. This is mainly to give the company the upper hand and instill a sense of deterrence among current employees. This practice is not uncommon in the internet industry, including major companies like "the Universe Factory," and employees may not be able to become permanent without signing, leaving little room for negotiation with the company.Will the non-compete agreement be enforced for all signees?
In theory, major employers enforce non-compete agreements against employees who possess company trade secrets and core technologies and may cause loss to the company's interests. However, there is human interference in execution, such as superiors initiating non-compete restrictions on departing employees they are dissatisfied with to make things difficult for them.Which companies are subject to PDD's non-compete restrictions?
PDD's non-compete restrictions cover a wide range of companies. Almost all domestic internet companies are listed, and the scope of competitors is continuously expanded. The Universe Factory's non-compete restrictions also cover nearly all major domestic internet companies and related firms, with some positions even involving overseas companies. (See Figure P2)How does PDD prove employee violations of the non-compete agreement?
Apart from conventional means, several former PDD employees have stated that PDD often uses surreptitious photography and tracking for evidence collection when suing for non-compete violations, which is uncomfortable. However, arbitration institutions or courts tend to have a high tolerance for its legality and usually accept it.What are the amounts of non-compete compensation and liquidated damages?
For both PDD and the Universe Factory, the monthly non-compete compensation is 30% of the employee's average pre-tax basic salary for the 12 months prior to resignation. The liquidated damages are twice the employee's annual pre-tax gross income for the 12 months prior to resignation. Several former PDD employees have claimed that PDD often seeks the maximum compensation.What should be done after the non-compete agreement is enforced?
Employees must report their work status via email before the 10th of each month. If they fail to do so, they may not receive non-compete compensation.How do I know if I am subject to the non-compete agreement?
Employees will be informed upon resignation whether they are subject to the non-compete agreement. If not informed at that time, generally, they are not. This is because, when enforcing the non-compete agreement, employees need to fill out and sign a series of contents on the non-compete notification form. If the company does not pay the non-compete fee within three months, the non-compete agreement will automatically become void.What can departing employees subject to non-compete restrictions do?
If a new company really wants to hire a certain employee subject to non-compete restrictions, they may provide employment protection measures, including hiring them as consultants, using other companies to pay social insurance and housing fund contributions, using pseudonyms, and excluding them from company team-building activities and meetings. However, these are usually perks for high-level talent.
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