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为了减少和防止用人单位秘密被泄露的概率,维护用人单位的市场竞争地位及合法权益。《劳动合同法》对“竞业限制”作出相应的法律规定。但由于法律规定不细,而相关解释、法规、规章散见于诸多规定之中,难于全面把握,诸如竞业限制补偿过低怎么办?单方解除竞业限制协议,应否支付违约金?未约定竞业补偿金数额,谁说了算?下面案例予以解答!一、竞业限制补偿金过低,劳动者违约也应担责?【案例】2010年6月,刘女士入职深圳某公司。双方签订3年期劳动合同约定刘女士月工资为9000元。同时,双方签订的《保密和竞业禁止协议》约定:乙方(刘女士)承诺在解除
In order to reduce and prevent the probability of the employer being secretly disclosed, the employer's market competition status and legal rights and interests are maintained. “Labor Contract Law” to “non-compete” to make the corresponding legal provisions. However, due to the fact that the laws and regulations are not elaborate, the relevant explanations, laws and regulations and rules are scattered among many provisions and are difficult to grasp comprehensively. For example, what is the problem of overcompensation of non-competition? Competent compensation amount, who said what? The following cases to be answered! First, the competitive limit compensation is too low, the workers should also be responsible for breach of contract [Case] June 2010, Ms. Liu joined a company in Shenzhen. The two sides signed a three-year labor contract agreed that Ms. Liu monthly salary of 9,000 yuan. At the same time, the two sides signed the “confidentiality and non-competition agreement,” agreed: B (Ms. Liu) promised to lift