Chapter 853 Non-Competition
In the next few days, Jiang Hui followed Jiang Lao and Liang Mengsong to meet some TSMC retirees and expressed their attention.
Overall, the recruitment of retirees has been smoother than Jiang Hui imagined.
Retirement, for many old people, is a psychologically difficult hurdle, there is a gap in social roles, daily life feels empty, and even tempers are becoming more and more eccentric......
People know that maintaining a good attitude is good for health, and they all understand this truth, but not everyone can do it. Like Mr. Ma Yinchu, who looks down on the world's affairs, and does "pamper and not be shocked, and go to stay unintentionally", it really takes a high level of cultivation to achieve such a state.
For example, in his previous life, Jiang Hui heard that there was an old organization minister in the county, who was in charge of the promotion, appointment, and dismissal of cadres below the bureau level in the county when he was in office, and everywhere he went, he felt flattery, flattery, praise and respect.
The day before the announcement of the resignation, many people came to look for them, and the next day it was deserted.
After retirement, he walked on the road, and the streets seemed to be full of people, and he was so angry that his breathing accelerated and his blood pressure rose, and he left this world in a few months.
Although the psychological gap of TSMC's retired employees may not be as big as that of this minister, not adapting to the living conditions after retirement is basically a common problem.
Now a glorious chip has jumped out, led by the former boss and the second, who want funds and funds, and the most important thing is that they are willing to give money, and they have recruited more than 300 retired old employees at once.
This is still after Jiang Lao and Liang Mengsong screened.
Some old fritters who are messing around are definitely not wanted.
Some of the bodies have collapsed, unless they really master the very good technology, or the glorious chip is too lazy to ask a big Buddha to come back and raise it.
Some of them are purely here to join in the fun, so forget it, where to go cool.
"Mr. Jiang, I will stay here to deal with the work at home, and I will go to Shenzhen next week to preside over the work of Guanghui Chip," Jiang Lao said.
After a few days of hard work, Jiang Hui invited Jiang Lao and Liang Mengsong to dinner, which can be regarded as a practice for his trip to the treasure island.
"I have officially submitted my resignation the day before yesterday, but it is estimated that it will take a few weeks at the earliest," Liang Mengsong said a little depressed.
For example, a talent like Liang Mengsong, who has mastered the company's core technology, will leave, no matter what the reason, TSMC will definitely retain it.
Even if you keep this person as waste in the company, you don't want to be poached by other companies.
"Mr. Liang, TSMC should sign a non-compete agreement with you, are you ready to deal with it?"
Non-competition refers to the prohibition of employees from working part-time in a company that competes with their employer during their tenure in the same company, or prohibits them from working in a company that competes with the original employer for a period of time after leaving the original employer, including enterprises with the same business scope as the original employer, which are established by the employee himself/herself.
According to the different objects of non-competition, non-competition can be divided into non-competition for senior managers and non-competition for general employees.
In civil law countries, managers, agents, directors, etc. are subject to non-compete obligations according to their civil and commercial laws, while each country has different provisions on whether and how ordinary employees are subject to non-compete obligations.
Germany, for example, considers that employees should report to their employers about the services they have received and must not accept bribes or engage in things that are unfavorable to their employers, in breach of their duty of loyalty.
The laws of the island countries do not provide for non-competition for general employees. The provisions of the relevant laws of China on non-competition are mainly the non-competition issue of employees during their employment.
For a technician of Liang Mengsong's level, TSMC must not worry about him leaving at will, and if he goes to his competitors, the harm is too great.
"I'm having a headache about this matter, because Chairman Zhang hasn't officially approved my resignation, and I haven't talked about this topic yet, but it must be unavoidable," Liang Mengsong said with a frown.
Non-compete agreements are actually common in high-tech enterprises, such as the deputy director and above of the company's Intranet, Meituan, Tudou, Guanghui Weibo, Guanghui Pay and other companies under the Guanghui Group, they must sign this agreement, otherwise the company will not let you go.
Of course, the more important thing is that the contract signed by these personnel at the time of recruitment has relevant regulations, otherwise people really want to talk about this thing when they leave, and the company will be passive.
There are two types of non-competition: non-competition during the employee's employment and non-competition after the employee leaves the company. Non-compete during the employee's employment refers to the employee's non-competition during the existence of the employment relationship.
The non-compete after the employee's resignation refers to the non-competition after the termination of the employee's employment relationship with the enterprise. The non-compete after the employee leaves the company mainly refers to the non-compete contract signed between the enterprise and the employee.
Since many companies of the Korn Ferry Group are involved in non-compete agreements, and Jiang Hui has also signed many agreements in this regard, he has a good understanding of the relevant content.
After the termination of the employment contract, if an employee who is aware of the trade secrets of the enterprise engages in the same or related occupation as the original enterprise, such as working in an enterprise that competes with the original enterprise, or runs an enterprise that competes with the original enterprise, he or she is likely to unconsciously use the trade secrets of the original enterprise, or become a competitor of the original enterprise because he is familiar with the operation of the original enterprise.
In order to protect its own interests, the original enterprise may enter into a non-compete contract with the employee after the termination of the labor relationship to protect its own interests, that is, the non-compete contract stipulates that the employee shall be prohibited from going to another enterprise that is in competition with the original enterprise for a certain period of time, or that the employee himself shall set up an enterprise that produces or operates the same kind of products or business as the original enterprise.
From the investor's point of view, Jiang Hui supports the promotion of non-compete agreements, after all, no one wants their company's rivals to suddenly find out their own situation.
"If I'm not mistaken, when entering into a non-compete agreement, the company needs to give the employee a certain amount of financial compensation. The non-compete obligation after the employee's resignation is a contractual obligation, not a statutory obligation. If there is no written agreement between the employee and the enterprise, the employee does not bear the obligation of non-competition," Jiang Hui said.
Jiang Hui is thinking about how to find a solution that TSMC can accept and will not restrict Liang Mengsong from coming to Guanghui chips.
(End of chapter)