Where to send the notice of lifting of non-competition restrictions?

The employer and the employee sign a "Non-Competition Agreement". After the labor relationship is terminated or terminated, the employee shall perform non-competition obligations in accordance with the provisions of the "Non-Competition Agreement". Many workers will have this question. After I resigned, the employer did not pay non-compete financial compensation as agreed, so why should I fulfill my non-compete obligations? Why? According to the provisions of laws and regulations, and judicial trial practice A review perspective on such issues. According to Article 37 of the "Interpretation of the Supreme People's Court on the Applicable Legal Issues in the Trial of Labor Dispute Cases (I)": "The parties have agreed on non-competition restrictions and economic compensation in the labor contract or confidentiality agreement. When the parties terminate the labor contract, in addition to other Unless there is an agreement, if the employer requires the employee to perform non-competition obligations, or if the employee requires the employer to pay financial compensation after fulfilling the non-competition obligations, the people's court shall support it. "Unless otherwise agreed," this article states. "Except" refers to situations where the employer exempts employees from non-competition restrictions. In addition, if the employer fails to pay financial compensation for non-competition restrictions after leaving the company, the employee should also perform non-compete obligations as agreed. If the original employer fails to pay financial compensation for non-competition as agreed, the employee may make a claim to the original employer or initiate labor arbitration to safeguard their rights. Laws and regulations are intended to protect the legitimate rights and interests of workers and prevent employers from indefinitely restricting workers' rights to freely choose their jobs under the guise of non-competition restrictions. Article 38 of the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Labor Dispute Cases (I)" stipulates that if economic compensation is not paid for three months due to the employer's reasons, the employee may terminate the non-compete agreement. In our daily legal consultation process, we often receive inquiries from workers with non-compete obligations: "Does Lawyer Wang have a template for the "Notice of Lifting the Non-Competition Agreement"?" There really is no template, and the disputes caused by the template are still unknown. Less? The template is unreliable. The relevant text content needs to be adjusted according to the specific situation. It is necessary to master the key points of the notice to terminate the non-compete agreement. The specific analysis is as follows for your reference.

1. Name of the notice Regarding the "Notice on Lifting the Non-Compete Agreement", the name of the document must be clearly marked at the header of the text, that is, "Notice on Lifting the Non-Competition Agreement", for example : "Notice on Lifting the Non-Competition Agreement by Zhang San".

2. The content of the notice. The most important part of the "Notice of Lifting the Non-Competition Agreement" is the main content, which should include the following parts. First, the basic requirements for joining the original employer. Condition. When did you join the original employer and what positions did you hold? Second, the circumstances of the termination or termination of the labor relationship. When and for what reason the labor relationship with the original employer was terminated or terminated, and when was the last working day; third, the basic information about the non-compete agreement. For example, when the Non-Competition Agreement was signed with the employer, and when the non-competition obligations began to be performed; fourth, for what reasons the Non-Competition Agreement was terminated. This part is the most valuable content in the "Notice on Lifting the Non-Competition Agreement" and it needs to be clearly stated: "Due to the reasons of the original employer, the non-competition economic compensation has not been paid for three months. Therefore, the employee decided to terminate the non-compete agreement in accordance with the Supreme People's Article 38 of the Court’s Interpretation of Legal Issues Applicable in the Trial of Labor Dispute Cases (I) stipulates the termination of the Non-Competition Agreement. Fifth, specify the contact information for communication. You can leave a contact number or email address in the notice. If the original employer has any objections to the termination notice, it can contact the employee within the specified time. For this part, if the employee is not familiar with the relevant knowledge and operating procedures of labor law, in line with the concept of "professional matters should be handled by professionals", the employee can also entrust a professional labor law lawyer to handle such non-litigation cases, and the lawyer will Write notices and be responsible for communicating with the original employer, etc.

3. The date of termination When will the non-compete agreement be terminated? The date of termination is based on the time when the employee’s notice of termination of the non-compete agreement reaches the employer. Regarding the termination of the non-compete agreement It does not require the consent of the original employer, nor does it require the employee to file a lawsuit in labor arbitration or court to terminate the non-compete agreement. It only needs to send the original employer an expression of intention to terminate the non-compete agreement to terminate the agreement. Compared with the EMS delivery method, WeChat, SMS and email methods are faster. When an employee issues a "Notice of Lifting the Non-Competition Agreement" and the original employer also receives the notice, sometimes the cancellation of the non-competition agreement will not be effective because it is not satisfied: "Due to the employer's reasons" As a result, financial compensation for non-compete restrictions has not been paid for three months." In some cases, it is the employee's fault that the original employer cannot pay the economic compensation for non-competition to the employee. For example, the employee cancels his bank card or the employee refuses to comply with the "Non-Competition Agreement" after the original employer issues a notice. Submit new employment information according to the agreement; some workers will issue a notice to terminate the non-competition agreement to the original employer if the original employer has not paid financial compensation for the non-competition for less than 3 months. This obviously will not cause the non-competition to be terminated. Limit the legal effect of the agreement.

4. Legal Basis for Lifting When writing the "Notice on Lifting the Non-competition Agreement", the legal basis for the Lifting can be clarified. The relevant workers have the right to terminate the non-competition agreement, and the legal basis lies in the "Notice on Lifting the Non-Competition Agreement". Article 38 of the Interpretation of the Supreme People's Court on Issues Applicable in the Trial of Labor Dispute Cases (I). Many workers have no doubts about the "templates" on a certain degree or on a certain website. The legal basis for lifting non-compete agreements is still written in Article 8 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (IV)" . This legal basis is wrong. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (IV)" has been abolished. Replaced by "Explanation of Legal Issues (1)".

5. The signature of the signature on the "Notice of Lifting the Non-Competition Agreement" must be marked with the name of the notifier, that is, the name of the employee, and the employee's ID number can also be marked. It is recommended that the employee Handwrite the signature with black ink pen at the signature, and mark the date of writing.

6. Method of delivery There are many ways to deliver the "Notice of Lifting the Non-Competition Agreement", such as: sending the "Notice of Lifting the Non-Competition Agreement" through WeChat, email, SMS, etc. 》Served to the original employer. The most recommended way is to mail the "Notice of Lifting the Non-Competition Agreement" to the original employer through EMS express delivery. Mark the name of the original employer on the receiving unit, fill in the name and contact number of the personnel or manager as the recipient, and mark "Notice on Zhang San's Lifting the Non-Competition Agreement" on the "Express Product Name" "(For example, the name shall be based on the real name of the worker)", be sure to keep the express shipping copy. If mailed via EMS, the original employer can also be notified via WeChat, SMS, etc., for double insurance. Here, it is recommended that workers, such as the employer and you, sign a "non-competition agreement". When resigning, if you are not sure whether you need to perform non-competition obligations, you can communicate with the employer. If the employer verbally states that it does not need to perform non-competition obligations, try to ask the employer to waive the non-competition obligations "in writing" or take some measures. Other ways of fixing the employer’s expression of intention to be exempted from non-competition obligations.