论文部分内容阅读
保护商业秘密,遵循竞业禁止,既是劳动合同的要求,也是法律规定的义务。退休了,还要遵守竞业禁止约定吗?一名工程师与企业签订了竞业禁止条款,竞业禁止期限延续至退休后。工程师退休后,要求企业支付竞业禁止经济补偿。企业却认为,工程师退休后,不属于劳动法规定的劳动者,无须承担竞业禁止义务,不同意支付经济补偿。双方协商不成,引发纠纷,将官司打到了法院。那么,退休了,竞业还要禁止吗?2011年1月17日,因退休引发的竞业禁止纠纷,经江苏省和苏州市两级
Protection of trade secrets, to comply with non-competition, is both a labor contract requirements, but also the obligations of law. Retired, but also to comply with non-competition agreement? An engineer and the company signed a non-compete terms, non-competition term extended to retirement. After the engineer retired, the company was required to pay non-compete financial compensation. Enterprises think, engineers retired, do not belong to the provisions of the labor law, do not have to undertake the non-compete obligations, do not agree to pay the economic compensation. The two sides failed to negotiate, trigger disputes, the lawsuit hit the court. So, retired, non-competition but also to prohibit it? January 17, 2011, due to retirement-related non-compete disputes, Jiangsu Province and Suzhou City, two levels