Shenzhen 10 people's Congress proposed the development of competition restriction Ordinance

Part of the Municipal People's Congress put forward to control the employees secret core technology enterprise job hopping may damage the high-tech enterprise innovation environment

[Washington] (reporter Fang Xingye) the key employees away the phenomenon of core technology secrets, serious damage to the high-tech enterprise innovation environment, yesterday is the two session of the four National People's Congress report, Li Jizhao and other 10 Municipal People's Congress to submit proposals, recommended the development of competitive industry regulation, promoting the construction of innovative city. Bill entitled "on the development of" non competition ordinance of Shenzhen special economic zone to promote innovation city construction "in the case of motion, meeting group registration number is" 20060001 ", the meeting became the first bill". The bill not only raised the need for legislation, but also proposed a complete bill. According to the reporter, the NPC deputies drafting regulations, which is the first time in the city people's congress.

R & D personnel to run away from the enterprise great harm"

Li Jizhao and other representatives pointed out in the motion, in the construction of innovative cities, innovative high-tech enterprises is the vanguard, to protect its innovative results are very important. Innovation is the main innovation of the enterprise employees, key employees to leave the competition to serve the enterprise, will cause great harm, the key innovation research and development project members collective Exodus, the development of enterprises is a fatal blow. However, in the high-tech industry, the competition between enterprises by digging each other's way of destroying the other side of the project process, this phenomenon is more common. Therefore, the development of employee's competition system is the protection of scientific and technological innovation enterprises, but also for the construction of innovative city of Shenzhen escort.

The motion pointed out that the State Science and Technology Commission in 1997 issued a number of opinions on strengthening the management of scientific and technological personnel in the flow of technical secrets of the seventh questions on the issue of non competition provisions. The regulations of the Shenzhen Special Economic Zone on the protection of technical secrets provided by the Shenzhen Special Administrative Region of the people's Republic of China in 1995 have also stipulated the non competition, but the protection is not enough. Therefore, it is proposed that the "special economic zone of Shenzhen special economic zone restriction regulations" shall be formulated in accordance with the special legislation on non competition.

Not to hire other employees of enterprise competition

The delegates have attached the "Shenzhen Special Economic Zone non competition regulations (Draft)". There are three chapters in this article, which are divided into twenty-four parts, including the general rules, the competition of enterprises, the legal liability and so on.

The term "non competition" as mentioned in the bill refers to the restriction of the enterprises engaged in the work of the high tech innovation enterprises through the employment of the employees who are engaged in their work, such as leaving their posts, entering the post, and taking part time jobs. Restrictions Bill said: the relationship between competition in the production, research and development, the enterprises on the market, can not employ another enterprise employees work for the enterprise, not employment restrictions on time stipulated in the agreement of the unit staff and the employees did not sign the agreement by the time from the left day two years. Hire including entry has a formal job, temporary jobs and part-time work; the employees of high-tech enterprises, the use of the work will not in part-time work for another there is competition between enterprises.

Employee entry is required to sign a non compete agreement

Bill "enterprise competition protection" chapter provides that enterprises require employees to abide by the non compete, the entry should be signed a written agreement on non competition. In the agreement in accordance with the actual situation of the enterprise can determine the time limit for competition, but the longest from the date of departure shall not exceed three years. Where there is no written agreement or a written agreement is not clear, the employee's competition is restricted to two years after the employee leaves the firm.

The bill provides that in the non competition period of validity of the agreement, the employee shall fulfill the following obligations, strictly abide by the regulations, abide by the provisions of the premise of their work; shall not provide paid and unpaid services for non competition enterprises; without the written consent of the enterprise, shall not be engaged in activities in competition with the original enterprise. Shall carry out relevant research and development.

Illegal enterprises should make reasonable compensation

The bill stipulated in the "legal responsibility" in violation of this Ordinance, the enterprise no matter whether the damage to the original enterprise, shall be corrected immediately and take reasonable compensation for the original enterprise are put forward and the other civil liability, and take responsibility for the investigation of the reasonable expenses paid by the behavior in violation of regulations for violations of regulations; competition, causing losses to be violations of the enterprise, the calculation of damages for the loss according to the following methods: total amount of revenue in violation of this Ordinance of the staff involved work for compensation, regardless of the employees in the whole work of workload for how much time to participate in the employee actual start to work until the end of time. Compensation borne by the income enterprise.