如何履行竞业限制义务？--竞业限制调查知识大全|极兔竞调
如何履行竞业限制义务？--调查">竞业限制调查知识大全|极兔竞调
最近，一位阿里前员工斌某称，其离职后，按照阿里的要求履行了竞业限制义务，某天，有人自称阿里HR，要核实
竞业限制协议履行情况，要求告知当前公司领导联系方式。斌某如实告知，后来听现领导讲，有人自称阿里的HR打
来电话，称斌某是骗子，骗取阿里的竞业限制补偿金。
竞业限制义务如何履行才恰当？斌某是否有义务告知阿里现任领导的联系方式？
律师认为，竞业限制协议中会明确约定竞业限制义务的履行时间、履行方式，竞业限制协议规范的是前员工的实质履
行义务，一般情况下会通过索要员工纳税记录、与新公司的劳动合同等形式确认履行情况，至于是否按照要求定期发
送材料、是否提供电话核实，与是否实际履行竞业限制协议没有直接关系。
履行竞业限制义务，没有必要过度提供材料和信息。如果前雇主认为员工违反竞业限制义务，应当返还补偿金、承担违
约责任等，应当由公司进行举证，只要员工实际履行，不提供电话核实途径，也不会判员工违约。
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How to fulfill non compete obligations-- Complete knowledge of non compete investigation |
Jitu Competitive Investigation
Recently, a former Alibaba employee named Bin claimed that he fulfilled his non compete obligations as
required by Alibaba after leaving the company. One day, someone claimed to be an Alibaba HR and requested
to verify the fulfillment of the non compete agreement by informing the current company leadership of their
contact information. Bin truthfully informed that later, according to the current leader, someone claimed that
Alibaba's HR called and accused Bin of being a scammer, deceiving Alibaba's non compete compensation.
How to fulfill non compete obligations appropriately? Is Bin obligated to provide the contact information of
the current leader of Alibaba?
The lawyer believes that the non compete agreement will clearly stipulate the time and method of performance
of the non compete obligation. The non compete agreement regulates the substantive performance obligation
of the former employee, and generally confirms the performance through requesting the employee's tax records,
labor contracts with the new company, and other forms. As for whether materials are sent regularly as required
or whether phone verification is provided, it is not directly related to whether the non compete agreement is
actually performed.
There is no need to excessively provide materials and information to fulfill non compete obligations. If the former
employer believes that the employee has violated the non compete obligation and should return compensation,
assume breach of contract liability, etc., the company should provide evidence. As long as the employee actually
fulfills the obligation and does not provide a telephone verification channel, the employee will not be judged for
breach of contract.
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