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Chapter 188 Non-competition disputes (1)

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    ?

    Lin Ziyao went to the personnel department to understand the basic situation of the case.

    The person who violated the non-compete agreement was named Chen Shanwei, who was the former backbone of the company. He resigned a year ago. Before resigning, he signed a non-compete agreement with the company. However, now HR found that Chen Shanwei was working in another C company that had a competitive relationship with NCK.  , violated the non-compete agreement, and had raised objections to Chen Shanwei and Company C, but neither Chen Shanwei nor Company C recognized the formation of a labor relationship between the two parties, so Chen Shanwei believed that he had not violated the non-compete agreement.

    Lin Ziyao looked through the files. Chen Shanwei's annual salary before leaving the job was 800,000 yuan. The company paid Chen Shanwei 30% of his annual salary as a non-competition compensation.  Returning late and earning a lot, Lin Ziyao cried silently in his heart, he was so poor.

    "Is it impossible to talk?" Lin Ziyao asked Liu Huan from the personnel department.

    Liu Huan shook his head and said: "It's difficult. Chen Shanwei's attitude is very firm, and he firmly refuses to admit that he has violated the non-compete agreement. Manager Xu Bo means to directly sue and stop talking."

    Xu Bai was so determined, presumably Chen Shanwei had annoyed the HR manager.

    The personnel department is like the official department in the ancient six departments, its status is superior to other administrative and logistics departments, and managers of the same level will be a little bit unsympathetic when they see the manager of the personnel department.  Imposing, the human resources department works from top to bottom, from the manager to the ordinary employees, all have their eyes above the top, and it is difficult to communicate.

    "Then have you had any contact with Chen Shanwei in the future?" Lin Ziyao asked.

    "No." Liu Huan said.

    "Well, your personnel department should not contact him now, and don't talk to him about this matter again, and don't have any contact." Lin Ziyao said.

    "Why?" Liu Huan is a newcomer and has never done this kind of thing.

    "In order not to overwhelm the enemy, some evidence must be fixed, so that Chen Shanwei cannot take precautions." Lin Ziyao explained.

    Liu Huan didn't know why, but he nodded anyway.

    "I'll go back and report to our manager. Give me all the materials and I'll prepare them." Lin Ziyao said.

    "No problem, everything is packed and ready." Liu Huan said.

    Lin Ziyao thought that Liu Huan's cooperation was still very high, and thought that Liu Huan had just arrived and hadn't been contaminated by the atmosphere of the personnel department, so he thought it was reasonable.

    "Have you told the HR department to suspend contact with Chen Shanwei first?" Yu Daozhen asked Lin Ziyao.

    "I said it, tell them clearly not to contact Chen Shanwei again, and wait for our legal department to fix the evidence." Lin Ziyao said.

    Although Yu Daozhen had nothing to do, his face already showed a look of satisfaction, obviously very satisfied with Lin Ziyao's meticulous and complete handling of the matter

    c At the entrance of the company, Lin Ziyao and Liu Huan squatted in the dark with the notary from the notary office.

    "Brother Huan, you have to keep an eye on it, it's all up to you, I'm blind." Lin Ziyao said to Liu Huan.

    When it comes to identifying people, Lin Ziyao is really in a dilemma. She has to meet a living person several times before she can recognize him, not to mention that she has only seen photos of Chen Shanwei.

    A few of them were watching Chen Shanwei, and they brought the notary to fix the evidence of Chen Shanwei's entry into c company.

    Liu Huan was sweating on his forehead, he couldn't help looking at the photo of Liu Huan in his hand, and nodded vigorously.

    "Is it that person?" A notary pointed to a man who got out of the car and said.

    Lin Ziyao and Liu Huan looked at the living people and the photos, their eyes lit up, and they said, "Yes, yes, yes."

    The notary is really sharp-eyed. Both Lin Ziyao and Liu Huan showed admiration in their eyes. After thinking about it, they felt that both of them were ashamed. It was obvious that their task was to identify people.

    Lin Ziyao blinked, turned his head and said to the two notaries: "Please fix the evidence for us."

    "Good," said the notary.

    nck company applied to the labor arbitration agency for labor arbitration, but unexpectedly the labor arbitration award was in favor of Chen Shanwei, Chen Shanwei was so unhappy that nck company continued to file a lawsuit with the court.

    Sitting in court, Lin Ziyao once thought that he was a lawyer hired by nck company, and he had appeared in court twice within half a year.

    ?The presiding judge was actually He Bing again. He Bing was taken aback when he saw Lin Ziyao again within half a year.

    Lin Ziyao felt a little embarrassed when He Bing didn't respond with a smile in return.

    He Bing knocked on the gavel and said: "The plaintiff nck company sued the defendant.?The Shanwei non-compete case is now in court.  "

    ?Lin Ziyao and Liu Huan, employees of the plaintiff nck company, appeared in court on behalf of nck company, and the defendant Chen Shanwei and his agent Qin Bo appeared in court to respond.

    This was the first time Lin Ziyao saw Chen Shanwei. Chen Shanwei was only 35 or 6 years old, wearing glasses, and looked gentle.  Thinking that Chen Shanwei is only 10 years older than himself, but his annual salary is several levels higher than his own, Lin Ziyao secretly calculated that in another ten years, his annual salary may still not catch up to half of Chen Shanwei's.

    Sure enough, technology is the last word!

    He Bing said: "Plaintiff, please state your claim and factual reasons."

    Lin Ziyao came back to his senses, picked up the complaint, and read: "On July 25, 2013, the defendant Chen Shanwei went to work for the plaintiff nck company to engage in technology research and development. On the day of employment, both parties signed the "Labor Contract" and "Confidentiality Agreement"  On April 6, 2018, the plaintiff submitted a resignation application report, applied for resignation, and completed the handover on May 6, 2018. The plaintiff and the defendant terminated the labor contract; on the same day, the plaintiff and the defendant signed the "Non-compete Agreement"  One, the second of which stipulates that no matter what reason the plaintiff resigns from the company, within 24 months after resignation (calculated from the date of termination of the labor relationship), the plaintiff shall not be employed by a unit that competes with the company; sixth  The contract stipulates that the non-competition period shall be calculated from the day after the labor relationship is terminated. During the non-compete period, the plaintiff nck company shall pay the defendant Chen Shanwei the non-compete compensation fee, and the annual payment of the compensation fee shall be the annual non-compete compensation fee  1/3 of the total remuneration received by Chen Shanwei from the company in the 12 months before his resignation, and the compensation fee shall be paid on a monthly basis; Article 8 stipulates that if Chen Shanwei violates the provisions of Articles 2, 3, and 4 of the agreement, he shall bear the liability for breach of contract and pay the company in one lump sum  Liquidated damages equivalent to three times the total remuneration received by Chen Shanwei from the company in the 12 months before his resignation. If the liquidated damages are not enough to make up for the losses caused to the company due to the defendant, the defendant shall bear additional liability for compensation; Article 10 stipulates that  Chen Shanwei has the right to demand compensation for the losses caused to Chen Shanwei by nck¡¯s refusal to pay Chen Shanwei¡¯s non-competition compensation.  Daily interest calculation of 4/10,000." (Remember the site URL: www.hlnovel.com
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