2. If the employer does not pay, and you also abide by the agreement of non-competition, you can apply for labor arbitration and ask the employer to pay.
3. Go to the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau) to apply for labor arbitration. Materials to be submitted: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Some areas also need to provide industrial and commercial registration information of employers!
4. After submitting the materials, the Arbitration Commission shall file a case within 5 working days. The labor arbitration commission does not charge. Then give both parties a proof period; Then the court will hold a hearing to mediate between you. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If we are not satisfied with the ruling, we can bring a lawsuit to the court.
Extended data:
The law clearly stipulates that the compensation for non-competition should be paid after the termination or dissolution of the labor contract. Paragraph 2 of Article 32 of the Labor Contract Law stipulates that the employer may stipulate the non-competition clause with the employee in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated.
During the period of non-competition, workers are given monthly economic compensation. We believe that "agreeing to give economic compensation to workers after the termination or dissolution of the labor contract" is a mandatory provision of the law, and the law has given a mandatory definition to the payment time of economic compensation agreed by the parties.
Relevant provisions on compensation for non-competition
1. The parties agreed on non-competition in the labor contract or confidentiality agreement, but did not agree to give economic compensation to the workers after the dissolution or termination of the labor contract, and the workers fulfilled their obligations of non-competition.
The employing unit may be required to pay economic compensation on a monthly basis at 30% of the average wage of the laborer in the twelve months before the dissolution or termination of the labor contract. If the average monthly wage is lower than 30% of the minimum wage in the place where the labor contract is performed, it shall be paid according to the minimum wage in the place where the labor contract is performed;
2. The parties have agreed on non-competition and economic compensation in the labor contract or confidentiality agreement. When the parties terminate the labor contract, unless otherwise agreed, the employer requires the employee to perform the obligation of non-competition, or after the employee performs the obligation of non-competition, the employer shall pay economic compensation;
3. The parties have agreed on non-competition and economic compensation in the labor contract or confidentiality agreement. After the dissolution or termination of the labor contract, if the employer fails to pay the economic compensation for three months, the employee may request the court to terminate the non-competition agreement;
4. During the period of non-competition, the people's court shall support the employer's request to terminate the non-competition agreement. When the non-competition agreement is terminated, the employee may ask the employer to pay the employee an additional three months of non-competition economic compensation;
5. After the employee violates the non-competition agreement and pays the liquidated damages to the employer, the employer may require the employee to continue to perform the non-competition obligation as agreed.
(1) If the employer and the employee who has the obligation to keep the business secrets of the employer have an agreement on the standard and payment form of economic compensation in the non-competition agreement, such agreement shall prevail. If the employer fails to pay the economic compensation as agreed, and the employee still fails to pay it upon request, the employee may terminate the non-competition agreement.
(2) If the non-competition agreement does not stipulate the standard and payment form of economic compensation, the employee may require the employer to pay economic compensation. Disputes between the two parties can be resolved in accordance with the procedures for handling labor disputes.
Where the employing unit requires the laborer to continue to perform the non-competition agreement, it shall pay the economic compensation in one lump sum according to the standards confirmed by the labor dispute settlement institution and the non-competition period agreed by both parties, and the laborer shall continue to perform the non-competition obligation; If the employer waives the requirement of non-competition for the remaining term, it shall pay the economic compensation that has been fulfilled according to the standard confirmed by the labor dispute settlement institution.
(3) Before the non-competition agreement comes into effect or during the performance, if the employer waives the non-competition requirements on the workers, it shall notify the workers one month in advance.
According to the provisions of Article 24 of the Labor Contract Law, persons with non-competition restrictions are limited to employers:
1, senior management
Company manager, deputy manager, financial controller, secretary of the board of directors of listed companies and other personnel stipulated in the articles of association.
2, senior technical personnel
Senior R&D personnel, technicians, skilled workers in key positions and other personnel who are easily exposed to trade secrets.
3. Other persons with confidentiality obligations.
Other personnel who may know the business secrets of the enterprise, such as marketing personnel, accountants, secretaries, etc.