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Chapter 189 Non-competition disputes (2)

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    Lin Ziyao continued: "Chen Shanwei's total salary in the 12 months before leaving the job was 801,563.5 yuan. Since Chen Shanwei left, nck company has paid Chen Shanwei a non-compete compensation fee of 20,039.09 yuan every month through the designated account. By March 2019,  The plaintiff company has been paying Chen Shanwei non-compete compensation on a monthly basis. In April 2019, the personnel department of the plaintiff company found that Chen Shanwei had joined company c since February 2019, and that company c had a competitive relationship with the plaintiff company, so it immediately reported to Chen Shanwei and company c  Issued a written notification letter, informing the defendant and Company C to immediately terminate the labor relationship, and required the defendant to pay the plaintiff liquidated damages in accordance with the non-compete contract. However, the defendant was still working in Company C and had not paid the plaintiff the non-compete payment to the plaintiff.  Liquidated damages are prohibited. Therefore, the lawsuit was brought to the court, requesting a judgment: 1. Judgment that Chen Shanwei continue to perform the non-compete agreement;

    Without raising his head, He Bing said in a businesslike manner: "The defendant defends."

    Qin Bo, Chen Shanwei's representative lawyer, defended on behalf of Chen Shanwei: "The plaintiff's claim has no factual and legal basis, and the court is requested to reject all the plaintiff's claims. The specific facts and reasons are as follows: 1. The defendant Chen Shanwei has no labor relationship with company c, and the defendant's medical insurance  Social security, housing provident fund and other relations are still in the labor market and have not been transferred to Company C. In fact, the defendant is an intermediary who introduces front-line technicians to Company C, and is not engaged in technology research and development positions;  Although there is overlap in business scope with Company C, Company C mainly conducts business in the central and western regions, while the plaintiff company mainly conducts business in the southeast region, and the two have no competitive relationship. In summary, the defendant Chen Shanwei did not violate the competition agreement with Company A.  industry prohibition agreement and request the court to dismiss all plaintiff¡¯s claims.¡±

    He Bing asked the clerk sitting in front: "Have you written it down?"

    The clerk was a novice, and was a little flattered by the presiding judge's question. He nodded quickly, indicating that he had finished recording.

    He Bing asked the plaintiff: "Does the plaintiff have anything to add to the defendant's defense?"

    Lin Ziyao said: "No, let's talk about it together with the proof and cross-examination."

    "Then start to present evidence and cross-examination, and the plaintiff will present evidence." He Bing said.

    Lin Ziyao said: "The plaintiff submitted the following evidence to the court: 1. The notarial certificate issued by the Haixia Notary Office fixed the fact that Chen Shanwei wore company C from 9:00 am to 6:00 pm on April 10, 13, and 15, 2019.  Employee certificates for entering and exiting Company C prove that the defendant is a front-line employee of Company C; 2. The defendant¡¯s work card at Company C proves that the position is an engineer and not an employee ¡°intermediary¡± as the defendant argued; 3. The third evidence is signed by the original defendant  The "Labor Contract", "Confidentiality Agreement", and "Non-competition Agreement" prove that there is a non-competition agreement between the plaintiff and the defendant;  Within the time limit, compensation shall be paid to the defendant branch according to the agreement; 5. The business licenses of the plaintiff and company C, which prove that the business scope of the plaintiff and company c overlaps."

    He Bing said: "The defendant cross-examined the evidence."

    Qin Bo said: "The defendant asked to see the original evidence."

    He Bing: "Agreed."

    Qin Bo took over the original evidence from Lin Ziyao. In fact, the authenticity of these pieces of evidence is not a problem. It is just that a lawyer, entrusted by others, must do everything on the table with all his heart.  will be satisfied.

    After Qin Bo had read it, he handed over the original evidence to Chen Shanwei. Chen Shanwei only read a few notarial certificates and work cards, his face was a little stagnant, but he did not read other evidence.

    Qin Bo said: "There is no objection to the authenticity of the first evidence, the several notarized certificates, but the object of the proof has objections. The three certificates can only prove that the defendant entered the workplace of company C. The defendant also admitted in the defense that the  Company c introduced front-line R&D personnel, so it is legitimate to enter the workplace of company c, which does not prove that the defendant violated the non-competition agreement. There are objections to the authenticity and proof object of the second evidence work card, and the work card has no anti-counterfeiting  Technology, can be made at will."

    In fact, Lin Ziyao never thought that the second piece of evidence could be accepted.

    Qin Bo continued: "There is no objection to the authenticity of the third piece of evidence, the labor contract, the confidentiality agreement, and the non-compete agreement, and the fourth piece of evidence, the bank statement certificate, and the object of the proof. The fifth piece of evidence  There is no objection to the authenticity, but there is objection to the object of proof. Although the business scope of the plaintiff and company c overlaps, it cannot be judged that the two companies are in competition just because of the same business scope. In fact, company c mainly conducts business in the central and western regions  , company a mainly conducts business in the southeast region, and the two have no competitive relationship."

    Chen Shanwei, who was sitting aside, nodded.

    He Bing said: "The defendant presented evidence."

    Qin Bo said: "The defendant complained to the court??Submit the following Zheng Jian: 1. The testimony issued by company c, proving that the defendant introduced staff to c.  2. The defendant's medical social security and provident fund relationship proves that the defendant's medical social security and provident fund relationship are all in the talent market, and are not paid by company c. The defendant and company c have not established a labor relationship.  3. The business distribution map of company c in the past three years, which proves that company c's main business scope is in the central and western regions and has no competitive relationship with the plaintiff company.  "

    He Bing said: "The plaintiff cross-examines evidence."

    Lin Ziyao said: "I have no objection to the authenticity of the first piece of evidence, but I have objections to the object of proof. This is the proof material issued by company C. Company C has an interest in this case, and its proof material cannot be accepted. Please  The court ruled it out; there was no objection to the authenticity of the second certificate, but there was objection to the object of the certificate. The medical and social security relationship and the payment of provident fund cannot be used as the basis for judging the labor relationship. The second evidence can only prove that Company C was not the defendant  Paying five social insurances and one housing fund, but it cannot prove that the defendant has not established a labor relationship with Company C; there are objections to the authenticity of the third piece of evidence and the object of the proof, and this evidence is also unilaterally produced by Company C, which cannot prove that it wants to  For the object of proof, we request to check the necessary internal company materials of C company in the past three years, including but not limited to sales records, transaction records, etc."

    Qin Bo said: "The internal information of Company C belongs to Company C's internal confidential materials, and the defendant has no right to request Company C to provide it."

    Lin Ziyao immediately said: "The defendant should bear the legal consequences of not being able to prove this piece of evidence. Please the court find that there is a competitive relationship between the plaintiff company and company C." (Remember the website website: www.hlnovel.com
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