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发帖数: 261 | 1 【 以下文字转载自 JobHunting 讨论区 】
发信人: solardate (solar), 信区: JobHunting
标 题: 请问non-competing agreement问题
发信站: BBS 未名空间站 (Mon Jan 5 12:18:22 2015, 美东)
一个中小学生辅导的组织招兼职老师，在发给我offer时，还发了一个non competing agreement，竟然把所有的中小学生辅导课程(STEM方向)都包括了。
给的也不高，就是挣点零花钱而已。还一次把所有的STEM方向都涵盖了，这个协议合理吗？怎么反驳呢？
竞业禁止协议在什么条件下，雇员不必履行？
谢谢！
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内容如下：
Franchise (company): EFK
Member (part-time teacher): Me.
2. Covenants Not to Compete.
(a) Member specifically acknowledges that, pursuant to the Franchise Agreement, and by virtue of its position with Franchisee, Member will receive valuable specialized training and Confidential Information, including, without limitation, information regarding the operational, sales, promotional, and marketing methods and techniques of EFK and the System.
(b) Member covenants and agrees that during the term of the Franchise Agreement, except as otherwise approved in writing by EFK, Member shall not, either directly or indirectly, for itself, or through, on behalf of, or in conjunction with any person, persons, partnership, corporation, or entity:
(i) Own, manage, engage in, be employed by, advise, make loans to, consult for, rent or lease to, or have any other interest in any Competitive Business (the term “Competitive Business” means a business engaged in the provision of services that are the same as or similar to an EFK Business, including, but not limited to, the provision of youth educational and enrichment programs and services relating to the fields of math, science, technology or engineering; and the term “Competitive Business” also includes making use of the customer lists and other data pertaining to the EFK Business for any purpose whatsoever other than in connection with your EFK Business pursuant to this Agreement);
(ii) Divert or attempt to divert any business or customer, or potential business or customer, to any Competitive Business; or
(iii) Induce any person to leave his or her employment with Franchisee or EFK.
(c) Member covenants and agrees that during the Post-Term Period (defined below), except as otherwise approved in writing by EFK, Member shall not, either directly or indirectly, own, manage, engage in, be employed by, advise, make loans to, consult for, or have any other interest in any Competitive Business that is, or intends to operate, inside the Territory (defined in the Franchise Agreement) or inside any other Territory granted to another EFK Business.
(d) As used in this Agreement, the term “Post-Term Period” shall mean a continuous uninterrupted period of two (2) years from the date of: (a) a Transfer permitted under Section 14 of the Franchise Agreement; (b) expiration or termination of the Franchise Agreement (regardless of the cause for termination); (c) termination of Member’s employment with Franchisee; and/or (d) a final order of a duly authorized arbitrator, panel of arbitrators, or a court of competent jurisdiction (after all appeals have been taken) with respect to any of the foregoing or with respect to the enforcement of this Agreement; either directly or indirectly (through, on behalf of, or in conjunction with any persons, partnership, corporation or entity). | f*********n
发帖数: 148 | |
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