it is reasonable to pay the standard non-competition compensation is concerned

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Original title [bank quit after 80 female staff for violation of the non-competition agreement]
Banks female staff quit after 80 non-competition agreement is a claim for breach of the original unit 247 million yuan is currently awaiting trial court
Unit price owed breach Jin Gongping it?
80 months after the girl horse (a pseudonym) from the CMB to leave to go to another bank,http://www.s-ngo.org/forum.php?mod=viewthread&tid=759165,hollister pas cher, this behavior brought her drowned, the original unit in the grounds of her obligations to her in violation of non-competition claims 247 million yuan,abercrombie pas cher, although the final by the labor arbitration will determine the amount of compensation for 74 million yuan, but she is still astronomical.
Ma May said he was an ordinary employee Merchants Bank, non-competition clause in the labor contract, "comes", she had no choice except to sign.
December 28, 2012, that since the implementation of the Labor Contract Law from the unit to the staff of liquidated damages claims huge first case in Donghu District People's Court. And on the morning of the same day, the National People's Congress passed the revised labor contract law decision.
Beijing Bar Association Professional Committee of Labor and Social Security Director Wu Yingping legal counsel, the case reveals the unequal status of units and employees at the time of the signing of labor contracts, some of the "King terms" so that workers dilemma in employment.
News events left after the claims 2,air max pas cher.47 million units
Ma is a typical 80 months after the girl, she never thought that he had a job will bring their own disaster.
August 8, 2012, Ma month worked Merchants Bank branch in Nanchang, Jiangxi Province to the labor dispute arbitration committee for arbitration, the claimant month non-competition horses penalty 2,473,woolrich uomo,006.8 yuan, the return of training costs 4167 yuan.
The cause of the case is a horse January February 2012 departure from the Merchants Bank, went to another financial institution located in Nanchang.
Merchants Bank made a claim based on that, according to the labor contract signed by both parties, horses month within two years after leaving, shall perform non-competition obligations not get in Jiangxi Province in addition to other financial institutions Merchants Bank office. Within two years of non-competition period, Nanchang, China Merchants Bank in accordance with the annual social minimum living standard 350 yuan / month,doudoune moncler pas cher, to pay compensation to the non-competition horses months. Ma month non-competition obligation if the violation, you need to pay liquidated damages to the Merchants Bank in accordance with the 10 times 12 months before leaving the sum of monthly income.
According to the statistics of China Merchants Bank, horses leaving 12 months prior month, including all income salary,http://dc.gskscy.com/news/html/?190634.html,abercrombie pas cher, bonuses, etc. for 247,300.68 yuan. Another result of Merchants Bank has funded the training of horses month, Ma months left on their own has less than in the case of services, should be returned to the training fees.
Knowing that there is "King terms" forced to sign
For other financial institutions after leaving office to the fact that the horse does not deny month. However, these claims and say Merchants Bank, horses do not agree month.
Month when the horse had signed labor contracts contain non-competition clause is not a voluntary basis, but the Merchants Bank signed labor contracts with all employees are included in the non-competition clause. Ma month said that because China Merchants Bank signed on as the attitude assumed not to resign treatment, although the vast majority of employees complained heart,http://www.madio.net/home.php?mod=space&uid=1306156, but still had to sign.
Ma month to the Arbitration Committee, the Labor Contract Law Article 24 stipulates that "non-competition limited to senior management personnel of the employer, senior technicians and other personnel confidentiality obligations", this approach seriously expanded Merchants Bank The main scope of non-competition, in violation of the law, and China Merchants Bank to provide contract labor contract is the format in which the non-competition clause as "King terms."
Ma month also suggested that the non-competition clause in the labor contract, the amount of compensation calculated in accordance with the minimum living allowance, paid 350 yuan per month, but compensation for breach of contract in accordance with 10 times the 12 months before I leave the sum of the standard monthly income rights and obligations of the parties is extremely unequal,moncler sito ufficiale, increased worker responsibility, minimizing employer obligations, unconscionability.
Labor Contract Law,hollister france,http://www.longrenwang.cn/BBS/home.php?mod=space&uid=186752, the provisions of Article 26, to fraud, coercion or position of vulnerability, so that the other labor contracts in violation of the true meaning of the case concluded,http://www.jn956.com/home.php?mod=space&uid=7146, the employer or labor contracts exempt their statutory responsibilities, excluding workers' rights, as well as violation of laws and administrative regulations of the mandatory provisions of the labor contract is invalid.
Therefore, think horses month labor contract signed by her and the Merchants Bank in terms of non-competition clause should be invalid.
Outcome of the arbitration as well as compensation for reduced Qi Cheng 740,000
2007, China Merchants Bank has funded the training of horses month, the service was agreed period of three years, to when the horse months left in February 2012, has exceeded the limit. But think of service units in the three years after the expiration of the so-called labor contract, it requires the return of the training fees.
September 27, 2012, the Jiangxi Provincial labor dispute arbitration committee, after hearing that the labor contract signed by both parties are both true meaning of that, in line with relevant laws and regulations of the State, the sum of the horse months before his departure 12 monthly income should be paid to the CMB 10 times the standard of liquidated damages of $ 247 million, but considering its affordability, horses should follow before leaving three months 12 times the sum of the monthly income to pay liquidated damages to the Merchants Bank. Therefore ruling dated pay liquidated damages to the horse CMB 741,902 yuan, the return of training costs 2570 yuan.
Ma month refused to accept the ruling, then filed a lawsuit to Donghu District People's Court, asked not to pay these amounts. Court on December 28, 2012 hearing of the case, has yet to make a verdict.
Lawyers say the workers are disadvantaged compared to units
Beijing Bar Association Professional Committee of Labor and Social Security Director Wu Yingping legal counsel, labor relations in the face of reality, "Equality voluntary" workers between the weak and the strong employer is difficult to completely reflected. The two sides signed a labor contract can not be bound by contract law as equal subjects as fully abide by the rules of the contracting parties "means autonomy". Faced with this reality of unequal laws giving workers more rights tilt.
Ma month agents, Beijing Jincheng Tongda Law Firm lawyer Liang Feng believes that the focus of the case there are three: one unit for all workers underwent non-competition is valid? The second is for non-competition compensation is too low, too high liquidated damages agreement is valid? Third, the unit set
Service on whether the calculation should start after the training?
Ma departure 12 months ago the average monthly wage was 8549.36 yuan / month, while the non-competition compensation of only 350 yuan / month, which is only 4% of the former; if calculated according to a two-year non-competition period, China Merchants Bank to pay compensation for 8400 yuan, while the horse-month penalty was as high as 2,473,006.8 yuan, the latter for the former 294-fold.
Some provinces and cities of the non-competition workers compensation standard
★ Zhejiang: annual compensation of workers by two-thirds of last year's total remuneration is calculated before the contract termination ★ Shenzhen: not less than monthly basis enterprise employees leave before the last twelve months the average monthly wage of half ★ Zhuhai : annual compensation of not less than half a year before the employee turnover total compensation
★ Jiangsu: Economic compensation shall not be less than one year before the employee left the employer's total remuneration third ★ Guangdong: employer and the employee's non-competition agreement compensation,scarpe hogan,http://www.gxhongmu.cn/news/html/?73555.html, although higher than the local minimum living standard, but Compared with the two sides agreed liquidated damages is obviously unfair, the court may in accordance with the principles of fair and reasonable for liquidated damages shall be appropriately changed
No uniform standard non-competition compensation
Wu Yingping counsel, the Labor Contract Law did not economic compensation for non-competition and non-competition liquidated damages amount to violation of the provisions, leading the country in a similar judicial practice,hollister pas cher, to master the standard economic compensation and liquidated damages vary . Justice standards are not unified, the law should have a serious impact on justice and fairness.
However, a basic consensus that, due to the status of workers and unequal units, on non-competition compensation and liquidated damages, can not allow the unit in the labor contract brazenly "agreement." For this reason,moncler outlet, at present, parts of the country in the local non-competition provisions of the minimum standard of compensation made different provisions (see table),http://hidesen.com/bbs/home.php?mod=space&uid=23825, but yet to make local regulations currently in Jiangxi Province.
Wu said the lawyer, it is reasonable to pay the standard non-competition compensation is concerned, should be considered professional workers,louboutin pas cher, non-competition and geographical scope of the employee before the standard of living and so on. The higher level of professional skills of workers, in addition to limiting their employment costs and the loss of the greater enterprise compensation payments should be higher, the overall standard is not substantially, unreasonably reduce the original living standards of workers .
If the worker is in the non-competition agreement and the employer to sign the unequal status, and non-competition obligations of workers due to assume the existing standard of living lowered, then the agreement is unreasonable and should be invalid.
Beijing jurisprudence
September 20, 2007, the Beijing Haidian District People's Court of Beijing East  Technology Development Co., Ltd. v Liang Chen and other non-compete dispute verdict.
In this decision, the court held that the payment of compensation is reasonable noncompete requires the employee to perform non-compete obligation prerequisite. Oriental compensation paid by the company to pay far less than the usual standard,http://www.pjzjz.com/forum/forum.php?mod=viewthread&tid=82485&fromuid=57513, non-payment or full payment of non-compete compensation as Liang Chen refused to honor the non-compete obligation of reasonable defense, so the Orient companies require payment Liang Chen liquidated damages claims are not supported. Edition text / reporter Wang Hung (Source: Legal Evening News)