According to domestic media reports, a civil judgment recently disclosed by China's judicial document website showed that aA Tencent employee with a monthly salary of more than 50000 yuan switched to a new job. Because the employee signed a notice of non competition with Tencent Technology (Beijing) Co., Ltd., the court ordered the employee to return and pay a total of 1.11 million yuan of liquidated damages to Tencent.
It is reported that on September 5, 2016, Chen joined Tencent as a senior editorial manager of the content platform department, mainly responsible for content editing, monitoring operation data and operation coordination.
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.
Before leaving, Chen's monthly salary was 53000 yuan before tax. 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.
It is worth noting that in the published judgment, an evidence submitted by Tencent 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) for 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.
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