China Non-Competes

This post explains the type of China employee that can be bound by a non-compete provision and on the likelihood a China court will enforce such a non-compete. Or not.

One of the big issues in China employment law is against whom non-compete provisions will work. China's labor laws explicitly limit non-compete agreements to senior management, senior technicians and other personnel who have a confidentiality obligation. "Senior management" usually means a person in a senior management position with access to the company's confidential information. A "senior technician" usually means someone engaged in technology research and development, and who has fairly comprehensive access to the company's technological information.