竞业调查取证公司-竞业限制知识大全|极兔竞调
网上很多关于竞业限制的官司，很多大企业的员工因为竞业限制被原公司起诉，最终败诉并赔偿原公司巨额违约金。其背后都
他们又是怎么样找到证据的呢？这种证据最终都被法庭接受了吗？
首先，大多数竞业调查取证公司是合法的，其调查原理主要是通过合法手段收集证据，以证明劳动者是否违反了竞业限制协议。
一、合法性
1.法律依据：根据《中华人民共和国劳动法》的规定，用人单位可以与劳动者约定保守用人单位的商业秘密和与知识产权相关
的保密事项。对负有保密义务的劳动者，用人单位可以在劳动合同或者保密协议中与劳动者约定竞业限制条款，并约定在解除
或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。因此，企业为了维护自身权益进行竞业调查取证是合法的，
但必须在遵守相关法律法规和尊重被调查者权益的前提下进行。
2.司法实践：从司法实践来看，法院通常会围绕证据的合法性、真实性、关联性来进行质证。如果调查取证过程符合法律规定且取得的证据能够证明劳动者违反了竞业限制义务，那么这些证据是可以被法院采信的。
二、调查原理
1.线上调查：
利用第三方平台如“企查查”、“启信宝”等查核被调查对象是否有登记担任竞业公司法定代表人、监事等职位的信息。关注
被调查对象的朋友圈、QQ、微博、大众点评等生活软件动态，以及新公司官方网站、公众号等平台的日常活动照片、视频等，
寻找可能的线索。
2.线下调查：
录制劳动者长期、定时、有规律地出入竞业公司办公地点的视频。这可以通过直接拍摄或使用监控设备等方式进行。询问前员
工、现员工、同事或直接给本人打电话，了解被调查对象是否在新公司工作。如果条件允许，还可以乔装打扮成神秘访客或快
递员等身份，进一步接近目标公司和人员。
综上所述，竞业调查取证公司在合法合规的前提下进行调查取证是可行的，但其调查过程必须严格遵守法律法规，确保不侵犯
他人合法权益和隐私。同时，企业在委托竞业调查取证公司时，也应注意选择正规、专业的机构，以确保调查结果的准确性和
合法性。
专注竞业限制12年，关注我，教你如何破局。
There are many lawsuits online regarding non compete restrictions, and many employees of large companies have
been sued by their original companies due to non compete restrictions. In the end, they lost and compensated the
original companies with huge liquidated damages. There is a non compete investigation and evidence collection
company behind it. I am curious, is this type of investigation and evidence collection company legal?
How did they find evidence? Was this evidence ultimately accepted by the court?
Firstly, most non compete investigation and evidence collection companies are legal, and their investigation principle
is mainly to collect evidence through legal means to prove whether the employee has violated the non compete
agreement.
1、 Legitimacy
Legal basis: According to the provisions of the Labor Law of the People's Republic of China, employers may agree
with employees to keep confidential the employer's trade secrets and intellectual property related confidential matters.
Employers may stipulate non compete clauses with employees who have confidentiality obligations in their labor
contracts or confidentiality agreements, and agree to provide economic compensation to employees on a monthly
basis during the non compete period after the termination of the labor contract. Therefore, it is legal for enterprises
to conduct non compete investigations and evidence collection in order to safeguard their own rights and interests,
but it must be carried out on the premise of complying with relevant laws and regulations and respecting the rights
and interests of the investigated parties.
Judicial practice: From the perspective of judicial practice, courts usually conduct cross examination around the legality,
authenticity, and relevance of evidence. If the investigation and evidence collection process complies with legal regulations
and the evidence obtained can prove that the employee has violated the non compete obligation, then these pieces
of evidence can be accepted by the court.
2、 Principles of Investigation
Online survey: Use third-party platforms such as "Qichacha" and "Qixinbao" to verify whether the surveyed
individuals have registered as legal representatives, supervisors, or other positions of non compete companies.
Pay attention to the respondents' life software trends such as their circle of friends, QQ, microblog, and public
comments, as well as the daily activity photos and videos of the new company's official website, official account
and other platforms, and look for possible clues.
Offline investigation: Record videos of employees regularly and regularly entering and leaving the office locations of non
compete companies. This can be done through direct filming or the use of monitoring equipment. Inquire with former
employees, current employees, colleagues, or call me directly to find out if the respondent is working at the new company.
If conditions permit, one can also disguise themselves as a mysterious visitor or courier to further approach the target
company and personnel.
In summary, it is feasible for non compete investigation and evidence collection companies to conduct investigations
and evidence collection under the premise of legality and compliance, but their investigation process must strictly comply
with laws and regulations to ensure that it does not infringe on the legitimate rights and privacy of others. At the same
time, when entrusting non compete investigation and evidence collection companies, enterprises should also pay attention
to choosing formal and professional institutions to ensure the accuracy and legality of the investigation results.
Focusing on non compete restrictions for 12 years, follow me and teach you how to break through.
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