员工辞职去向竞争对手，如何取证?-竞业限制调查知识大全|极兔竞调
这两天一直在帮顾问公司处理员工违反竞业限制义务的取证固证事项，在某些劳动密集型产业中，人是企业的生命，
企业之间对于人才的争夺也是“血雨腥风”，那么，对于那些辞职之后火速投向竞争对手公司的员工，要怎么通过
竞业限制维护公司权益呢？
1、要证明竞争对手真的是竞争对手
认定离职员工违反竞业限制，首先要对新用人单位与本公司存在竞争关系进行认定。
可通过工商内档及企信网上显示的公司经营范围判断两家公司是否有相同或近似的经营范围；
可通过实际经营维度判断是否存在竞业，从取证角度，可利用上游的供应商、下游的客户等采取走访、洽谈交易等
形式收集新用人单位存在“生产或者经营同类产品、从事同类业务”的证据；也可通过除工商渠道的其他公开信息
收集从事竞业业务的证据，如社交媒体、新闻报道等等；
不要忘了好好看看原劳动合同中有无列明竞业单位清单，很多互联网大厂的竞业限制协议中通过“概括+列举”的
方式列明了大量竞业企业，离职员工若想继续留在行业，往往都会进入到列表内的企业中，这就对新旧用人单位间
竞争关系的认定减轻了举证压力。
2、要证明离职员工的确在竞业公司上班了
可以提供员工在竞业单位工作的录音、照片、视频等等证据，这个取证的渠道有很多，包括但不限于在公共场所蹲
点拍摄员工在竞业公司上下班照片、视频，这里不仅可以拍人，也可以拍他的座驾；节假日时向竞业公司寄快递(手
机号码填离职员工号码，地址填竞业公司），固定其工作时间在竞业公司签收快递的证据；致电公司前台，询问是否
在公司，找他有点事，并录音；通过竞业公司的官网、社交媒体等发布的宣传文章、照片、视频以及离职员工个人的
社交媒体，看是否可以找到离职员工在其中工作的证据。
如果有必要，可以向人民法院申请调查令调取离职员工的银行流水记录、员工社保、公积金信息、税款代扣代缴记录
等，看看是否由竞业公司发放或购买，这些信息均为证明员工竞业行为的直接证据；
还可以通过第三方猎头公司，对离职员工就对口的工作岗位进行沟通，引导其本人对目前的履职情况进行披露等等。
实践当中取证的方式五花八门，案情也复杂多变，企业主和法务们不妨开动脑筋，按照这两个方向开发出新的维权
方法和思路，欢迎交流。
极兔竞调，专注竞业限制12年，关注我，教你如何破局！
I have been helping the consulting company with the certification of employees' violation of non
compete obligations in the past few days. In some labor-intensive industries, people are the life
of enterprises, and the competition for talent between enterprises is also a bloody storm. So, for
those employees who resign and quickly invest in competing companies, how can they protect
the company's rights through non compete restrictions?
To prove that a competitor is truly a competitor
To determine that a departing employee has violated non compete restrictions, the first step is
to identify the competitive relationship between the new employer and the company.
It is possible to determine whether two companies have the same or similar business scope
based on the company's business scope displayed on the industrial and commercial archives
and enterprise information website;
It can be determined whether there is competition through actual business dimensions. From
the perspective of evidence collection, upstream suppliers, downstream customers, etc. can be
used to collect evidence of new employers' production or operation of similar products and
engagement in similar businesses through visits, negotiations, and other forms of transactions;
Evidence of engaging in non compete business can also be collected through other public
information channels besides industrial and commercial channels, such as social media, news
reports, etc;
Don't forget to have a good look at the list of competing companies in the original labor contract.
Many Internet giants have listed a large number of competing companies in their non compete
agreements by "summarizing+listing". If they want to continue to stay in the industry, they will
often enter the list of companies, which reduces the burden of proof to identify the competitive
relationship between new and old employers.
To prove that the departing employee did indeed work for a non compete company
We can provide evidence such as recordings, photos, videos, etc. of employees working in non
compete companies. There are many channels for this evidence collection, including but not
limited to taking photos and videos of employees commuting to and from non compete
companies in public places. Here, not only can people be photographed, but also their drivers
can be photographed; Send express delivery to the non compete company during holidays
(fill in the phone number of the departing employee, and fill in the address of the non compete
company), and provide evidence that the employee has signed for the express delivery at the
non compete company during fixed working hours; Call the front desk of the company to inquire
if is in the office, if there is anything I need to do with him, and record it; Use promotional articles,
photos, videos, and personal social media of departing employees on the official website and social
media platforms of non compete companies to see if evidence of their employment can be found.
If necessary, an investigation order can be applied to the people's court to retrieve the bank
statements, social security and housing fund information, tax withholding and payment records,
etc. of the departing employees, to see if they were issued or purchased by a non compete
company. These pieces of information are direct evidence of the employees' non compete behavior;
Third party headhunting companies can also be used to communicate with departing employees
about their corresponding job positions, guiding them to disclose their current performance status,
and so on.
In practice, there are various ways to obtain evidence, and the cases are complex and ever-changing.
Business owners and legal professionals may use their brains to develop new methods and ideas for
safeguarding their rights in these two directions. Welcome to exchange ideas.
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