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ARTICLE · 29 MARCH 2017

Non-Competes And Employee Post-Departure Reporting Obligations

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the...

ChinaEmployment and HR

"Non-compete" refers to an agreement concluded between an employer and an employee at the time of hire, which provides that for a certain period after the termination or rescission of the employment contract, the employee cannot conduct business of same or relevant kind to the employer's, on his or her own or for others, nor can the employee be employed by other employers conducting the same or relevant kind of business. It is generally a clause in a larger employment agreement but it can also be a completely separate document.

In brief, a non-compete means that employer and employee have agreed that:

  • A specific party, i.e., the employee
  • Cannot be engaged in a specific business

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