If there is no agreed compensation, the conditional restriction agreement is still valid. If the laborer has fulfilled the obligation of restricting employment, he may require the employer to pay economic compensation on a monthly basis at 30% of the average salary of the laborer in the twelve months before the dissolution or termination of the labor contract; If the unit fails to pay the compensation monthly, the employment restriction agreement is not binding on the workers.
Labor Contract Law
Article 23 The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (IV)
Article 6 If the parties agree on non-competition in the labor contract or confidentiality agreement, but do not agree to give economic compensation to the workers after the labor contract is dissolved or terminated, and the workers have fulfilled their obligations of non-competition and require the employer to pay economic compensation on a monthly basis at 30% of the average wages of the workers in the twelve months before the dissolution or termination of the labor contract, the people's court shall support it.
Where 30% of the average monthly salary specified in the preceding paragraph is lower than the minimum wage standard in the place where the labor contract is performed, it shall be paid according to the minimum wage standard in the place where the labor contract is performed.
Article 8 The parties have agreed on non-competition and economic compensation in the labor contract or confidentiality agreement. After the labor contract is dissolved or terminated, if the economic compensation has not been paid for more than three months due to the employer's reasons, the people's court shall support it.