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The "prohibition of business strife" means that workplace organizations
procure employees who are liable for keeping the organization¡¯s trade secrets
confidential (as stated in their labor contracts), and their employees shall not
be employed by other competitors, or engage in the production of the same
products or the operation of the same businesses that compete with their current
workplace organization, within a certain period of time upon the termination or
revocation of their labor contract.
The period for such prohibition shall be subject to the commitment agreed
upon by the mutual parties in the actual labor contract provided, however, the
maximum duration shall not exceed three years.
The clause of the prohibition of business strife is a deferred effectiveness
clause in the labor contract, i.e. this clause will become effective upon the
end of the legal binding force of the other clauses in the labor contract.
In the case of both parties in a labor contract breaking the clause of the
prohibition of business strife in the actual labor contract or a separate
non-disclosure agreement, they shall, at the same time, carry out economic
compensations as applicable. The workplace organization shall, upon termination
or revocation of the labor contract, render economic compensations to employees.
The standard and amount of such compensations shall be executed by them at their
free will.
At the time of breaking the clause of the prohibition of business strife, the
detailed mode and coverage to assume the liabilities for a breach of contract
shall be provided, however, the period of notice in advance for terminating
labor contracts shall no longer be required.
The commitment to the prohibition of business strife shall not go against any
and all of the Chinese laws and regulations.
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