论违反竞业禁止的民事责任

违反竞业禁止的民事责任包括雇员责任、董事责任和相关第三方责任等.只竞业禁止义务人实施了竞业行为,就构成对竞业禁止义务的违反.雇员承担的民事责任主是终止契约、支付违约金、停止侵害、损害赔偿;而董事违反竞业禁止的民事责任主是被行使归入权和损害赔偿.第三方只是恶意主动与雇员串通并损害原雇主的利益,就应追究第三方违反竞业禁止义务之责任.

On Civil Liabilities of the Violation of Noncompetitiion

Civil Liabilities for breach of non-compete obligation, including employees, directors＇ responsibilities and related third-party liabilities. As long as the implementation of the non-compete conduct, it constitutes a violation of non-compete obligations. Civil liabilities for employees termination of contracts is mainly to pay liquidated damages, to stop the infringement, and to pay damages; Directors noncompete Civil Liabilities are mainly disgorgement and damages. As long as a malicious third-party acting in collusion with employees and damaging the interests of the former employer should be investigated for thirdparty non-compete obligations.