Recently, a civil judgment has been disclosed on China judicial document website.
Tencent senior editor with a monthly salary of 50000
After leaving the company, he received a non competition compensation of 158900 yuan
As well as the senior editor of Tencent's operation Department, Chen was in charge of the editorial work of Tencent's operation Department in September 2016.
Before leaving, Chen's monthly salary was 53000 yuan before tax.
On March 3, 2019, Mr. Chen resigned for personal reasons. Both parties signed the notice of non competition restriction, specifying that the period of non competition restriction of Mr. Chen is from March 13 to September 12 of the current year, and no company with competitive relationship (including affiliated company) is allowed.
To this end, Tencent paid a non competition compensation of 158900 yuan (before tax).
Tencent claims that after leaving, Chen joined a rival company (today's headline). To this end, Tencent asked Chen to return the paid compensation for non competition (158900 yuan) and pay 1.27 million yuan as liquidated damages.
Chen said that she actually joined Beijing XXX Management Consulting Co., Ltd. and submitted social security payment records and labor contracts to prove it.
Tencent has submitted the industrial and commercial information of several companies, proving that these companies are connected, in essence helping Chen to join the company.
Enter the office of competing companies several times in a week
The court found that the non competition obligation was violated
Among the published judgments, one of the evidences submitted by Tencent, the video disc of notarial certificate, is worthy of attention.
The evidence shows that: in the week of August 13, 2019, August 14, 2019 and August 15, 2019, Chen entered the office of Beijing byte beat company (today's headline) several times in a row. He walked around with office documents in his hand at work time and said hello and chat with different colleagues in the elevator for two consecutive days.
Chen did not appear in court under the condition of oral summons, and his agent could not make a reasonable explanation for the relevant evidence.
In the case that Chen could not provide other sufficient evidence to prove her claim, the court of first instance found that she actually violated the obligation of non competition.
In the end, the court of first instance ruled that Chen returned 158900 yuan (before tax) of compensation for non competition to Tencent; Chen paid 953500 yuan of liquidated damages for breach of non competition obligations to Tencent.
After the judgment of the first instance, both sides filed an appeal: Tencent asked for compensation of 1.27 million yuan for breach of contract damages; Chen asked to cancel the judgment of the first instance without returning and paying the relevant amount.
However, both parties did not submit new evidence in the second instance, and the Beijing first intermediate people's Court upheld the original judgment of the first instance.
Red Star News reporter Yang Peiwen
Editor in charge Ren Zhijiang editor Deng lingyao