Tencent sues departing staff for today's session

The newspaper (reporter Wangna correspondent Cheting) in the network of the uproar of Tencent sued 15 former employees in violation of the Non-compete obligation case in the Shenzhen Futian District People's Court today, Tencent asked the court to determine the former employees immediately from the current work unit.

　　Failure to fulfill the non-competition obligation to become a defendant

November 7, several major mainstream forums were reprinted a post called "Tencent QQ employees to court, two years not allowed to set foot on the Internet". These posts point out that Tencent has filed a lawsuit against a group of job-hopping grassroots technicians who have been sent to these employees ' homes, causing trouble for their work and life.

The main point of the dispute is that these employees had signed a labor contract with Tencent, a non-compete agreement, stipulating that employees should not be in 2 years to join other companies with Tencent-related business has a competitive relationship.

According to the information provided by the departing employee, Tencent made two requests in the civil pleadings. The first is to request the court to determine the immediate departure of the accused from the current work, and the defendant to bear all the costs of the case.

Tencent believes that the defendant, after leaving the company, failed to fulfill its obligation of non-compete, and worked in a competitive relationship with Tencent. Tencent said that the defendant's behavior is a serious violation of the agreement between the two sides, and the day-to-day operation of Tencent has brought great negative impact.

No liability for non- competitive trade prohibited compensation

"According to the indictment, I can not go to the Internet industry for 2 years, what else can I do for a computer major," the Tencent employee posted. What am I going to live on? ”

In fact, the main point of the dispute in the case is that these employees had signed the Non-compete agreement with Tencent. The unnamed employee said that Tencent did not pay any non-compete compensation for Tencent during its work, so the agreement was not tenable.

Tencent issued a statement accusing the vicious digging angle

After the spread, Tencent immediately issued a statement to respond to the matter. Tencent said that the Tencent company to the collective job-hopping to a certain Internet company 15 former employees of the violation of the Non-compete compulsory litigation, is to safeguard their legitimate rights and interests of the legitimate behavior. Tencent believes that every member of the staff should not belong to their original company's trade secrets or technical secrets into Tencent, but also do not allow the employees to leave the Tencent company to do such damage to the interests of the original company behavior.

In its statement, Tencent pointed the finger at another internet company. Tencent said in a statement that in recent time, the company in order to seek convenient development, and constantly to Tencent staff malicious digging, to Tencent normal business activities caused a great deal of trouble, and led to Tencent invested huge sums of research and development projects stranded, loss of trade secrets.

　　4 facts will prove to be the focus of the trial

Yesterday, the reporter interviewed the Guangdong competition de law firm Sinli Lawyer. Sinli that if Tencent is to successfully prosecute its departing staff, it must prove 4 facts, 4 of which will be the focus of today's trial.

First, the defendant has the confidentiality obligation to Tencent company. In addition to the "Technical confidentiality clause" stipulated in the labor contract, it is also necessary to prove that the defendant actually contacted Tencent's technical secrets. Otherwise, the defendant to Tencent Company does not "have a confidentiality obligation", does not have with the Tencent Company signed Non-compete agreement of the subject qualification, so the agreement also does not have the legal effect.

The second is to prove that the defendant was Tencent's "senior technical staff." Labor contract law 24th also stipulates that the competition limited personnel limited to the employing units of "senior technical personnel" and so on. If the defendant is a general technician, then the agreement will not have the force of law.

Third, Tencent paid the defendant a monthly fee to limit the economic compensation after the defendant's departure. According to the law of labor contract, the employing unit gives the laborer economic compensation on a monthly basis within the period of the competition restriction, and the compensation fee stipulated in the Non-compete agreement shall not be less than two-thirds of the total remuneration received from the enterprise in the last year before the employee leaves the enterprise. Otherwise, the Non-compete agreement terminates automatically.

Finally, we should prove that the defendant is currently working in a similar and competitive relationship with Tencent. In accordance with the law of labor contract, the scope of Non-competition is limited to "other employing units engaged in competitive relations in similar business".