China Employee Non-Competes: Does Yours Have Real Teeth?
China employee non-compete agreements and provisions are an often-litigated area, writes Grace Yang in China Law Blog.
“Many employers (wrongly) assume that they cannot prevail in such a dispute because employees usually win,” she explains. “This belief is not only wrong, but also risky. It is wrong because Chinese courts do not automatically side with the employee; those rare employers that have done things the right way actually usually win. It is also risky because employers with this attitude and approach tend to do an even poorer job of making sure they have a well-crafted contract, complying with the law and preserving good evidence, which are keys to employer success in any employee dispute.”
She describes a case involving China employee non-competes and offers some key lessons to be learned.
