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竞业禁止条款是用人单位与董事、经理等高级管理人员之间达成的、禁止高级管理人员在离职后的特定时期从事特定职业的一种协议。通过竞业禁止条款可以有效地限制董事、经理等企业高级管理人员在离职后的职业选择,避免上述人员利用在公司取得的商业秘密与公司竞争,是维持公司竞争优势,限制竞争对手出现的有效形式。因此,竞业禁止条款越来越多地出现在了公司章程或者公司与劳动者签订的劳动合同当中。但是竞业禁止条款作为限制劳动者等择业的工具,受到了以劳动法、劳动合同法为主体的法律的严格限制,必须符合特定条件,竞业禁止条款才能生效。
The non-competition clause is an agreement reached between employers, senior managers such as directors and managers to prohibit senior managers from engaging in certain occupations during a specific period after their separation. The non-competition clause can effectively limit the career choices of senior managers of directors, managers and other enterprises after leaving employment, and prevent the above-mentioned personnel from using the trade secrets obtained in the company and the competition of the company, so as to maintain the competitive advantage of the company and restrict the effective appearance of competitors form. As a result, non-competition provisions are appearing more and more in the articles of association or in labor contracts signed by companies and workers. However, the non-competition clause, as a tool to limit employment of workers, is severely restricted by the law mainly on labor law and labor contract law and must meet certain conditions before the non-competition clause can take effect.