Yueyin 说得很对。 作为一个 freelance translator, you are your own boss, and are working for the translation agency as a contractor, 与翻译公司根本不是 employer, employee 的关系, 所以不牵涉 non-compete 的问题。我同意 Yueyin 的作法,翻译社如果硬要塞进 NDA 之外不合理的条约的话,不要签那个合同。
就是真正的 hi-tech company, the non-compete clause signed by the employees 也一般只有一年的时限。 且不说一般的工程人员跳槽,除非是很高层的技术领导人,根本扯不上给原公司泄露技术知识或产品计划方面机密的问题。
http://en.wikipedia.org/wiki/Non-compete_clause A non-compete clause (often NCC), or more often a covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer). As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by abusing confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans.
However, an over-broad CNC may prevent an employee from working elsewhere at all. English Common Law originally held any such constraint to be unenforceable as a matter of public policy.[1] Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.
The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.[2]
[Edited at 2011-06-29 23:16 GMT]