current position:Home>"Espionage blockbuster": a lawsuit in which employees of large Internet companies change jobs and compensate millions

"Espionage blockbuster": a lawsuit in which employees of large Internet companies change jobs and compensate millions

2022-05-07 19:48:54Chinese industry information station

In order to prove the entry of former employees , Baidu also takes a variety of ways to prove : Including express delivery to the office address of the former employee 、 Before recording, the employee appears in the office area 、 Video of driving and parking in the basement .

Final , The court of first instance supported most of Baidu's demands , However, the liquidated damages for breach of non competition obligations have been reduced as appropriate . Former employee pan mouting needs to return Baidu's non competition compensation in total 21.48 Ten thousand yuan , And pay liquidated damages for breach of non competition obligations 85.92 ten thousand . What's going on in this lawsuit ? Fund Jun will show you the truth .

Baidu : Entry is a violation of the non competition agreement

For the Internet industry , Non competition has become a must for entry . And between big factories , Naturally, it forms a competitive relationship , Old Internet companies BATJ This is especially true for the rookie byte system in recent years .

Baidu said , It is a famous Internet company in China , Pan mouting holds the position of senior manager in her company , The labor contract clearly stipulates pan mouting's obligations of confidentiality and non competition and the liability for breach of contract in case of breach of contract . When leaving , Pan mouting was clearly informed of the obligation of non competition and the scope of non competition , Baidu also paid pan mouting the non competition compensation on schedule .

In terms of the calculation standard of non competition compensation after resignation , The contract stipulates that , The labor contract between the employee and Baidu is terminated / Within one year after the termination , Baidu shall pay its employees... Of the basic salary of the previous year 1/2 As financial compensation . And once the employee violates the non competition obligation , You need to return all the economic compensation paid by Baidu , And pay all economic compensation 3 Liquidated damages in multiples . Besides , The employee violates the confidentiality obligation agreed in the contract , Compensation should also be paid to Baidu 5 Ten thousand yuan .

Pan mouting in 2011 year 4 Join Baidu every month ,2017 year 6 In June, the company signed an open-ended labor contract with Baidu , And in 2020 year 4 Resigned in May , Worked in Baidu for nine years . As a senior manager of Baidu , Pan mouting's basic salary standard is also quite high , According to the basic salary 1/2 Standards for , Baidu pays a monthly non competition compensation of 35800 element / month .

On the day of resignation , Baidu delivers to pan mouting 《 A secret 、 Notice of non competition obligation 》 Show :“ The company would like to remind you that : Your non competition period is your labor contract with our company / From the date of dissolution or termination of labor relations 1 During the year , namely 2020 year 4 month 3 solstice 2021 year 4 month 2 Japan . During this period, the company will , Pay you RMB on a monthly basis 35800 element / Monthly non competition compensation .······ Non competition period , You are not allowed to join or operate Baidu and / Or its affiliated companies engaged in competitive business ······ Including but not limited to ······ Today's headline 、 Beijing byte Beating Technology Co., Ltd. and its affiliates ……”

After leaving ,2020 year 4 Month to 10 month , Baidu paid pan mouting full compensation for non competition on a monthly basis . Later, baidu found that Pan mouting had worked in the company without permission , Suspension of payment of non competition compensation , Both parties reduced pan mouting's non competition period to 6 Months .

Baidu thinks , Pan mouting violates the labor contract , The act of working in a competitive company without permission has violated the obligation of non competition , It has had a great impact on the normal operation and management of the company , The company suffered huge losses . Baidu asked pan mouting to pay liquidated damages for breach of non competition obligations 、 Return of non competition compensation 、 Pay compensation for breach of confidentiality obligations , And continue to perform the obligation of confidentiality .

In view of their competitive relationship with today's headlines , Baidu has provided screenshots of the website and litigation materials of the company , The content shows “ Today's headlines enter search engines , Challenge Baidu ”、“ Today's headlines came out of the search engine to challenge Baidu and Google ”、 Beijing byte Beating Technology Co., Ltd. sued Beijing Baidu Netnews Technology Co., Ltd 、 Baidu online company stops unfair competition and other information .

staff : Shooting videos violates privacy

For Baidu's responsibility of violating the obligation of non competition , Pan mouting said that she did not recognize . It believes that it does not belong to the qualified subject of non competition , And there are too many non competition subjects agreed by Baidu , Restricted pan mouting's freedom to choose a job . After leaving his post, he joined Beijing wanzeyuan Technology Co., Ltd , There is no competitive relationship between the company and Baidu , There is no competition between my position and work content and Baidu .

From the evidence provided by Pan mouting , Its 2020 year 4 In June, he signed a three-year labor contract with wanzeyuan company , Monthly wages 75000 element , And wanzeyuan company will pay Beijing social security for it .

Then why does Baidu believe that Pan mouting is taking office ? Baidu has conducted various investigations on this , And produced relevant evidence materials :

1. Mailing list 、 E-mail inquiry information and 《 Forensics data preservation certificate 》, The email number is 11XXXXXXX1978, The addressee is Pan mouting , The address is Beisanhuan West Road, Haidian District, Beijing XX Number courtyard X building XX Square byte beating company / Today's headline ;2020 year 9 month 20 Japan , This email is signed for , Signed by the mail room .

2.2020 year 7 month 21 solstice 8 month 7 Video recording and corresponding notarial certificate of the day , among 2020 year 7 month 21 Day video No 1 branch 12 second , Wear a hat 、 masks , Wearing a white short sleeved shirt 、 A woman in a blue dress enters the elevator ,2 branch 57 Second, the person enters the area marked with “ Bytes to beat ” The office area of , The video shows that the address of the office area is North Third Ring West Road 43 Number courtyard , The building body is marked with “ Bytes to beat ” word ;7 month 22 Japan 、23 Japan , Wear a hat 、 masks , Wearing a red short sleeved shirt 、 Women in black trousers appear in the same place ;7 month 27 Japan 、29 Japan 、8 month 5 solstice 7 Japan , A woman wearing a mask entered the above location . In addition, it shows that Pan mouting has driven and parked in “ Bytes to beat ” The basement .

3. Photo , Display the appearance information of Pan mouting .

The evidence provided by Baidu , Pan mouting handed in the mailing list for the mail 、 E-mail inquiry information and 《 Forensics data preservation certificate 》 The purpose of proof is not recognized , He said that the receiving and sending room could not prove that he had received , I can't prove that I go to work in the company . Pan mouting thinks , The video was taken without the permission of the photographer , Shooting a video violates the privacy of the subject , The video source is illegal . The video content also did not show that he entered the company's office , Not enough to prove that he joined the company .

actually , Similar means are often used when investigating non competition restrictions . According to media reports , Some companies will ask the front desk of the company for the whereabouts of former employees and secretly record them , Or ask a private detective to track the video . There are even companies that will check the company's temperature registration form , To prove that employees do come here to work after job hopping . In addition, the company will send express to the current company where the former employee is located , The signed record can be used as evidence of the employee's entry into the new company .

 picture source : Netease reading
picture source : Netease reading

Again , Baidu also questioned the labor relationship between Pan mouting and WAN Zeyuan : I think the authenticity of the labor contract submitted by Pan mouting cannot be confirmed , It is signed by Pan mouting in order to avoid competition restrictions , His real employment situation and employment unit are not in wanzeyuan company . And wanzeyuan company is now operating abnormally , Can't afford pan mouting's high monthly salary . For the record of Beijing Social Security , It is also believed that it was paid by Pan mouting to avoid the obligation of non competition .

court : Moderately reduce the amount of liquidated damages

actually , Non competition agreements have a long history , It is popular in the Internet industry where business highly depends on technicians . At first, non competition restrictions were mainly aimed at the company's executives and core employees , The purpose is to prevent it from using its special position to damage the interests of the company .

《 Labor contract law 》 Regulations , Non compete personnel are limited to the senior management of the employer 、 Senior technicians 、 Other personnel with confidentiality obligations are three types of employees . But in judicial practice , There is no uniform standard to define these three categories of personnel , Generally, the court will not find the Agreement invalid on the ground that the employee does not have the obligation of confidentiality .

that , Whether pan mouting violates the obligation of non competition because she works for the company ? Under the consideration of comprehensive evidence, the court of first instance , Positive results are given .

The court said , Pan mouting in 2020 year 7 month 27 solstice 8 month 7 During the day, the vehicle was parked in the basement of the company's office area for many times , Enter and exit the company many times during working days . Although pan mouting said that the reason for going out was an appointment with a friend , Visit friends , But there is no evidence to prove it . Pan mouting did not give a reasonable explanation for her behavior , Should bear the adverse consequences of not being able to provide evidence .

After confirming that Pan mouting's behavior is indeed in violation of non competition business , The court also ruled on whether the amount of liquidated damages agreed by both parties is too high . before , The labor dispute between Baidu and pan mouting was ruled by Beijing labor and personnel dispute arbitration commission , The award of liquidated damages for breach of non competition obligations is 64.44 Ten thousand yuan . Baidu claims that the amount of liquidated damages is 128.88 Ten thousand yuan .

Pan mouting said , The amount of liquidated damages set by Baidu is too high , It should be lowered , Their rights and obligations are obviously out of balance . I don't know Baidu's trade secrets , Baidu also failed to prove that Pan mouting caused losses to the company , There is no obligation of confidentiality and compensation .

The court of first instance held that , The amount of liquidated damages claimed by Baidu is indeed too high , It should be reduced . After considering the comprehensive situation of the case , Order pan mouting to pay liquidated damages for breach of non competition obligations to Baidu as appropriate 85.92 Ten thousand yuan . Compensation for breach of confidentiality , The court held that there was no basis , The claim is not supported .

Final , The court ruled that Pan mouting returned Baidu's non competition compensation 21.48 Ten thousand yuan , Payment of liquidated damages for breach of non competition obligation 85.92 ten thousand , And continue to fulfill the confidentiality obligation to Baidu .

Trainee journalist / Yan Ying

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