爱华网这几种类型的协议其实内容是不同的，你理解对了吗？
By Jean Murray
Question: Non-Compete, Non-Disclosure, andNon-Solicitation Agreements
Employment contracts often contain restrictiveagreements, and there is much confusion about the differencesbetween these agreements. They are sometimes called "restrictivecovoenants" because they involve a covenant (promise) not to dosomething or restricting someone from doing something. Sometimes,but not always, the agreement includes compensation for the partywho agrees to refrain from the act. There are three general typesof restrictive agreements or covenants.
Answer:
Non-compete Agreements 竟业禁止协议
These agreements are used in twocircumstances:一般在以下两种情形中使用：
For employment situations in which an employerwants to restrict an employee from leaving the company and settingup a competitor business next door. Most often non-competesrestrict the employee from working in a similar business, within adefined time (one year, two years, or more), and within a definedradius from the original business. Non-compete agreements aredifficult to enforce, and several states have said they are notenforceable because they restrain trade. Other states will enforcea non-compete if there is adequate consideration (money or otherbenefits) to balance the loss of income.
劳动合同中，企业禁止员工离职后从事与之竞争性的业务，并在一定期限内给予补偿
In business sales agreements, in which theoriginal owner agrees not to compete with the new owner over aspecific time and area and in a similar business. In thissituation, the seller receives specific compensation for theagreement not to compete.
业务销售协议中，原营业所有人不得与新营业所有人在特定时间和特定区域内从事类似的业务。
Non-Solicitation Agreements
禁止招揽协议
A non-solicitation agreement restricts someonefrom soliciting employees or customers of a business. In a commoncase, an employee who leaves a company agrees not to solicit otheremployees to work for him or her. For example, Joe leave XYZManufacturing and he wants to take Sally, his fantasticadministrative assistant with him. If he had signed anon-solicitation agreement, he would not be allowed to take heralong. Non-solicitation agreements are common in professionalpractices, and in many cases the professional who is leaving isalso restrained from soliciting clients, customers, or patients ofthe practice.
即限制某人招揽原企业的员工或者客户为其工作。
Nondisclosure (Confidentiality)Agreements
保密协议
A nondisclosure or confidentiality agreementis designed to keep someone from talking about or stealingproprietary information, trade secrets, inventions, or otherinformation that has competitive advantage to the owner.
该协议主要是禁止员工披露公司的知识产权、商业秘密等信息。
All three types of agreements have the purposeof trying to prevent someone from taking something f————rom a business- customers, employees, business in general, proprietary productsor trade secrets. The problem with all three is enforcement; oncethe employee or trade secret has been stolen, it takes a lengthyand costly legal process to recover damages and put the genie backin the bottle, so to speak. In these cases, no one benefits but thelawyers.
