竞业禁止调查怎么做？-竞业限制调查知识大全|极兔竞调
谈及商业大佬的胸怀和格局，没人不服俞敏洪，他曾公开表示不跟员工签订竞业协议，这也使得新东方走出了很多
商界精英，有的也成了俞敏洪的竞争对手。近年来，经常有大厂爆出员工违反竞业限制协议而被索赔的新闻，有人
傻傻分不清楚竞业限制和竞业禁止的区别，博威时代法律顾问在此分享下什么是竞业禁止？竞业禁止和竞业限制的区别。
什么是竞业禁止？竞业禁止和竞业限制的区别
竞业禁止是公司法规定的公司高级管理人员，如董事、经理等不得自营或与他人合作经营与其所任职的公司同类的业务。
公司法规定的竞业禁止义务主要是针对在职期间的公司高级管理人员而言的，如果想对商业秘密进行保护，就涉及如何对
离职后的掌握商业秘密的人员进行竞业禁止限制问题。
不同于竞业禁止，竞业限制是用人单位对负有保守用人单位商业秘密的劳动者，在劳动合同、知识产权权利归属协议或技术
保密协议中约定的竞业限制条款，即:劳动者在终止或解除劳动合同后的一定期限内不得在生产同类产品、经营同类业务或有
其他竞争关系的用人单位任职，也不得自己生产与原单位有竞争关系的同类产品或经营同类业务。
公司董事、经理竞业禁止制度和竞业限制虽有着密切联系，但二者在实质上还是有较大区别。博威时代法律顾问分析主要
有以下几点：
1、义务的性质不同:前者是法定义务，已有法律明文规定在先，只要是董事、经理，就必须履行竞业禁止的义务;后者是约定
义务，只以约定为前提，如事先无约定，择业就不受限制。
2、承担义务的主体不同:前者是公司法中规定的董事、经理，部门经理而普通员工无需承担义务;后者是公司的员工都可以成
为竞业限制的对象，其中是包括董事、经理，部门经理的。
3、承担义务的时间不同:前者是董事经理任职期间，后者是与原单位解除劳动关系以后的若干时间。
4、承担责任的形式不同:前者是侵权责任，后者可能是违约责任，也可能是违约责任与侵权责任的竞合。
依据法律规定，有公司高管违反竞业禁止义务，或者员工违反竞业限制协议，公司是有权追责并要求赔偿损失的。但实际上很
多公司遇到的问题是举证难，没有证据法院不会受理。这些难题博威时代法律顾问都可以解决，博威时代专业提供法律及调查
综合服务方案。
极兔竞调-专注竞业限制12年，关注我，教你如何破局！
How to conduct a non compete investigation- Complete knowledge of non compete investigation |
When it comes to the mindset and vision of business tycoons, no one disagrees with Yu Minhong. He has
publicly stated that he does not sign non compete agreements with employees, which has also led New
Oriental to attract many business elites, some of whom have become competitors to Yu Minhong. In recent
years, there have been frequent news reports of employees being sued for violating non compete agreements
in large companies. Some people are confused about the difference between non compete and non compete
agreements. Here, the legal advisor of Bowei Times shares what non compete agreements are? The difference
between non compete and non compete restrictions.
What is a non compete agreement? The difference between non compete and non compete restrictions
Non compete is a requirement stipulated by the Company Law that senior management personnel of a company,
such as directors and managers, are not allowed to engage in self operated or cooperative business with others
that is similar to the business of the company they serve in. The non compete obligation stipulated by the Company
Law is mainly aimed at senior management personnel of the company during their tenure. If they want to protect
trade secrets, it involves how to impose non compete restrictions on personnel who hold trade secrets after resignation.
Unlike non compete agreements, non compete agreements are non compete clauses agreed upon by employers in
labor contracts, intellectual property ownership agreements, or technology confidentiality agreements for employees
who are responsible for keeping the employer's trade secrets confidential. Specifically, after terminating or rescinding
the labor contract, the employee shall not work for an employer that produces similar products, operates similar
businesses, or has other competitive relationships, nor shall they produce similar products or operate similar
businesses that compete with the original employer.
Although there is a close connection between the non compete system and non compete restrictions for company
directors and managers, there are still significant differences between the two in essence. The analysis of legal
advisors at Bowei Times mainly includes the following points:
1. The nature of obligations is different: the former is a statutory obligation that has been explicitly stipulated by
law, and any director or manager must fulfill the obligation of non compete; The latter is a contractual obligation,
which is based solely on the agreement. If there is no prior agreement, the choice of employment is not restricted.
2. The subjects who assume obligations are different: the former are directors, managers, and department managers
as stipulated in the Company Law, while ordinary employees do not need to assume obligations; The latter refers
to employees of the company who can be subject to non compete restrictions, including directors, managers, and
department managers.
3. The time for assuming obligations is different: the former is during the tenure of the director and manager, while
the latter refers to a certain period of time after the termination of the employment relationship with the original unit.
4. The forms of assuming responsibility are different: the former is tort liability, while the latter may be breach of
contract liability or a competition between breach of contract liability and tort liability.
According to the law, if a company executive violates the non compete obligation or an employee violates the non
compete agreement, the company has the right to pursue responsibility and demand compensation for losses. But
in reality, many companies encounter the problem of difficulty in providing evidence, and without evidence, the court
will not accept it. These challenges can be solved by legal advisors at Bowei Times, who specialize in providing
comprehensive legal and investigative service solutions.
Jitu Competitive Adjustment - Focusing on Non Competition Restrictions for 12 Years, Follow Me and Teach You How to Break Through!
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