最近Shopee也出了一个关于竞业的真实案例。

情况是这样的，虾皮将一名字节员工告上了新加坡的法院，这条给大家来看看新加坡的判例是什么样。

据相关资料显示。2015年，该员工入职新加坡Shopee，2023年8月离职。主要负责Shopee巴西市场的运营。入职后与Shopee

签订了类似国内竞业协议的限制协议。协议中，该员工同意在雇佣关系终止日期后的12个月内不接受在受限制领域内与竞争对手就业。

具体裁判内容如下：

法官的裁定及理由:

首先，离职前12个月该员工主要负责巴西业务，Shopee没有有力证据证明该员工负责巴西以外的业务。因此，受限制领域只能是巴西，

而该员工在字节主要负责美国英国的业务，地理上并没有冲突。

其次，法官认为Shopee声称要保护的专有利益不够具体。

就Shopee所列的公司的短期和长期的业务增长计划，定价和营销策略等等。法官则认为如果Shopee的主张成立，那么只要Shopee涉

足某个市场，该员工就没法为其竞争对手工作，这显然是竞业条款的一种扩大化。

法官最后总结:

我认为Shopee未能证明其具有任何实质性和现实性的成功可能性。诉讼的成功率是如此之小，以至于缺乏实质性和现实性。Shopee无

法指出一个可以称之为“严肃”的待审问题。

Recently, Shopee has also revealed a real-life case involving a non-compete agreement.

Here's the situation: Shopee in Singapore filed a lawsuit against a former ByteDance employee, providing us with an insight into Singapore's legal precedents.

According to relevant information, the employee joined Shopee in Singapore in 2015 and resigned in August 2023. He was primarily responsible for operating Shopee's Brazilian market. Upon joining, he signed a restrictive agreement similar to a domestic non-compete agreement with Shopee. In the agreement, the employee agreed not to accept employment with competitors in the restricted field within 12 months after the termination of his employment.

The specific judgment content is as follows:

The judge's ruling and reasons:

Firstly, in the 12 months prior to his resignation, the employee was mainly responsible for the Brazilian business, and Shopee did not have compelling evidence to prove that the employee was involved in businesses outside of Brazil. Therefore, the restricted field should only be Brazil, while the employee was primarily responsible for the US and UK businesses at ByteDance, with no geographical conflict.

Secondly, the judge believed that the proprietary interests Shopee claimed to protect were not specific enough.

Regarding Shopee's listed short-term and long-term business growth plans, pricing and marketing strategies, etc., the judge opined that if Shopee's claim were valid, then the employee would be unable to work for its competitors wherever Shopee operated, which would obviously be an expansion of the non-compete clause.

The judge's final summary:

"I believe that Shopee has failed to demonstrate any substantial and realistic likelihood of success. The chances of success in this litigation are so slim that they lack substance and realism. Shopee cannot point to a pending issue that can be described as 'serious'."

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