Enterprise check app shows that recently, former employees of Tiktok were sued by Tiktok company for violating the competition agreement. Re: Mr. Ren joined Tiktok as a business manager in 2015. Apply for resignation in 2019, complete the resignation procedures and sign the non competition agreement in February, 2020. It is agreed that within 6 months after the termination of the labor contract, you will not be employed by units with competitive relationship with Tiktok. The list includes Kwai.
After Ren's resignation, Tiktok company paid him full compensation for non competition as agreed, but through tracking and shooting, Tiktok company found that Ren went to work in Kwai company during the period of non competition**
Ren argued that he did not join Kwai, but only participated in the activities of Kwai many times to understand the sales model of Kwai e-commerce in the sales field, rather than working for Kwai.
Ren also submitted evidence materials such as guest card, handout document of Kwai e-commerce classic, handout document of Kwai business private season, but there was no record of the name of the invited guest on the guest card, and Ren did not provide evidence to prove the specific schedule of the private meeting held by Kwai, such as the announcements and notices issued by Kwai, nor did he submit evidence materials such as registration information, photos and video materials of the meeting, Only based on the handout documents and guest cards can not effectively prove Ren's claim.
Ren's claim that he entered the office of Kwai company many times during the competition restriction period only to attend the meeting lacks effective evidence to support it. According to the fact that he frequently entered Kwai company during working hours, the court accepted Ren's claim that he violated the obligation of competition restriction and worked for Kwai company during the competition restriction period, Ren should bear the liability for breach of non competition obligations.
Finally, the court ordered a certain to return 78000 yuan of non competition compensation and 300000 yuan of liquidated damages
