关于雇佣合同中同业竞争条款的问题

蒙面超人

最近LD换了份工作，仔细看合同有这么一条，我理解是禁止同业竞争：

Restricted Activities Engagement of Others means directly or indirectly:
a) induce or attempt to induce any director, manager or employee of the Company and/or a Group Company with whom you had contact or dealings in the course of the Employment and during the Connection Period to terminate his or her employment with the Company and/or the Group Company, whether or not that person would commit a breach of that person’s contract of employment;
b) employ any person with whom you had contact or dealings in the course of the Employment and during the Connection Period and who, at any time during the Connection Period, has been a director, manager, employee of or consultant to the Company and/or a Group Company and who is or may be likely to be in possession of any Confidential Information relating to the business of the Company or the Group;
c) solicit or accept the business of any person who at any time during the Connection Period was a partner of, a supplier of, or in collaboration with, the Company or a Group Company in relation to the goods sold by the Group and with whom you had business-related contact or dealings during the Connection Period;
d) counsel, procure or assist any person to do any of the acts referred to in paragraphs (a), (b) or (c) above.

Restricted Activities Personal Engagement means directly or indirectly:
(a) being engaged, concerned or interested in;
(b) assisting or advising in respect of; or
(c) carrying on any activity:
i. which is the same as, or similar to, any part of the specialty brand and fashion business of a Group Company in which you were involved, or in respect of which you received Confidential Information, in the Connection Period; or
ii. for or on behalf of any of the entities operating the brands listed in Annexure A, their assignees, successors or transmittees (from which, it is acknowledged, the Company and the Group have a legitimate interest in withholding their confidential information and their connections with customers, employees and suppliers).

Restricted Period Engagement of Others means during your employment
and for the period of:
a) twelve months after the termination date; or (if this is held to be invalid),
b) six months after the termination date; or (if this is held to be invalid),
c) three months after the termination date.

这样合同岂不是完全阻止了跳槽？辞工后12个月内都不能找同行业的相似工作。这个怎么破？我的理解是如果有同业竞争条款的话，应该或多或少有相应的补偿，但是现在开口跟公司要求估计没戏，还把offer丢了可能。。。

gstfree

No obliation bullshits:
1. 这种条款都是很难执行的。他说我违反了,我说fxxx off.他很难有法庭认可的证据,几乎不可能。
2. 如果是写在employment contract里面我不会太担心。离职也就是解除employment contract. 如果老板有心就会让你在离职时候签一个deed.
3. 辞职时候想好原因。

蒙面超人

没有仔细阅读以下文章，但是大概理解是除非是真正有必要的限制（具体要怎么样才能证明是reasonable的就不清楚了），否则不合法。

http://www.codea.com.au/publicat ... ints-enforceable-2/