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Lenovo has applied for a labor arbitration competition agreement for regular breach of contract

via:新浪数码     time:2020/9/17 14:14:09     readed:41

On the afternoon of September 17, it was reported that Chang Cheng, the former head of Lenovo's mobile phone business, had made progress in the dispute over the violation of the obligation of non competition. Lenovo Group said today that the case had been tried many times by the labor and personnel dispute arbitration committee of Haidian District, Beijing.

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Lenovo Group said that as Chang Cheng did not recognize the authenticity of his signature, the Institute of science and technology appraisal of the French University Court has appraised the Lenovo restrictive agreement signed by Chang Cheng on July 24, 2017, and the appraisal conclusion shows that it is Chang Cheng's signature. We are optimistic about the final verdict and believe that the law will give a fair judgment.

At that time, a spokesman for Lenovo Group said that the company and all senior executives had signed non competition clauses. If there was a breach of contract, the company would seek appropriate solutions within the legal framework to jointly create a talent flow space that respects the spirit of the contract.

In response to the statement issued by Lenovo, Xiaomi group said at that time: Chang Cheng was not attached with the terms of the non competition agreement when he left Lenovo, and Changcheng himself did not get the relevant competitive compensation.

According to the analysis of industry insiders, according to the general rule, senior executives at the level of Changcheng should have confidentiality and non competition agreement or similar requirements. However, it is not common to join a competitor company in such a short period of time (Changcheng actually leaves in mid December, and the official announcement is made on the 31st).

Sun Jianfeng, a lawyer from Beijing Yingke Law Firm, told Sina digital that the non competition agreement is not compulsory, so it is necessary to confirm whether the parties have signed the non competition agreement. If signed, such changes are suspected of violation, and the parties shall bear the compensation amount in the agreement.

Sun Jianfeng stressed that for enterprises, the object of signing the non competition agreement should not be any employee in the company, but the personnel who master or are familiar with the company's business secrets, such as senior management personnel, senior technical personnel, etc. From the case, Chang Cheng is the former vice president of Lenovo, belonging to the category of signing the agreement.

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