### Report: Understanding 21st Century Luddites in the Workplace

#### Introduction
In the modern workplace, especially within large corporations, resistance to technological change can create friction between employees and management.

This resistance is often compared to the historical Luddite movement, where English workers destroyed machinery they believed threatened their jobs.

Today's "Luddites" are individuals who oppose new technologies or ways of working, not necessarily out of ignorance, but due to various underlying reasons.

Understanding these reasons is crucial for building a harmonious and productive work environment.

#### Historical Context
The term "Luddite" originates from the early 19th century when groups of English textile workers, fearing job displacement due to industrial machinery, destroyed such equipment.

This historical context provides a foundation for understanding contemporary resistance to technology, where the fear of job loss or obsolescence remains a significant concern.

#### Reasons for Resistance to New Technology in the 21st Century

1.

**Fear of Job Dis

### Report: Understanding 21st Century Luddites in the Workplace

#### Introduction
In the modern workplace, especially within large corporations, resistance to technological change can create friction between employees and management.

Title:

Content: Alert
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Must be at the desk!
Everyone knows that "if you want to do something good, you must first use your tools", and if you want to perform well in the workplace, it is important to choose the right tools!
In particular, office workers almost sit at their desks every day, facing the computer for up to 8 hours, with good hardware equipment, light sources, ergonomic tables and chairs, etc., a comfortable and clean working environment can make efficiency surge, and then get the opportunity of the boss's appreciation.
"DailyView Network Thermometer" through the "KEYPO big data key engine" to find out the "top 10 technology artifact" in the minds of office workers.
Li Dingli, public relations manager of 1111 Human Resources Bank, said that the list reflects that today's office workers are increasingly working longer hours, and the line between work and life is becoming more and more blurred, so office workers pay the most attention to "efficiency, comfort" two aspects.
For example, it can be observed that wired headphones have a trend of being gradually replaced, because in the office space, sometimes mobile phones, laptops, desktops and other equipment are required to switch each other, so in different 3C vehicles, Bluetooth headphones are more convenient, and some also have noise reduction function.
In addition, such as the smart hanging lamp, because the computer time is very long, the light source lighting problem is very important, the hanging lamp does not occupy space like the traditional table lamp, but also can automatically adjust the brightness.
From this list, it is not difficult to see that many office workers are willing to invest more budget to improve the office environment.
1, Bluetooth headset
Many office workers are accustomed to listening to music or playing podcasts while working, and feel that they can be more involved in their work. Wearing Bluetooth headphones can avoid the inconvenience caused by entanglement of the earphone cable, and can also make the desk look less cluttered; on the other hand, when talking to customers, there is no need to worry about being unable to leave the seat and move freely.
At present, many Bluetooth headphones on the market provide a good sound insulation effect and active noise reduction function, office workers do not have to be afraid of the office chat volume is too large to be disturbed, so Bluetooth headphones have become a necessary "technological artifact" for many office workers, many netizens discuss: "It is still very convenient to work, before leaving the seat with wired headphones or will be picked up." Before wearing wired headphones work is indeed conspicuous, now wearing Bluetooth headphones, it seems not so exaggerated. "
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2, screen smart hanging lamp
Office workers work at least 8 hours a day, staring at the computer screen for a long time is easy to eye fatigue, especially if the screen is too dark or too bright will cause eye discomfort.
Therefore, having "screen hanging lights" is very important for office workers who use computers for a long time.
For example, BenQ launched Taiwan's original design screen intelligent hanging lamp ScreenBar has been well received by the majority of office workers. The asymmetric light type of unique technology will not cause the screen to reflect light, and the sufficient light source will be completely reserved for the desktop.
In addition, the hanging design does not occupy the desktop space.
Screen hanging lamp users recommend, "get the office, it is really far from strong, the light source of the office can not be built for you", "long-term work in the computer desk friends, I really recommend to buy one to love their eyes XD", "hanging lamp itself simple appearance and do not occupy space (beautiful this is super important)", "midnight overtime, report, play games, but not It is easy to turn all the indoor lights on and disturb the roommate, that is, the person who is very suitable for installing the screen lights", "The office overtime light source is not fully open during the day, and the light of the screen smart lights is soft and moderate and not exciting".
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3, lifting desk
Sedentary is the biggest killer of health, many people because of sedentary work and poor posture, easy to have shoulder and neck stiffness and humpback pain, so equipped with an electric lifting desk, can freely adjust the height of the appropriate desktop, so that office workers can sit, stand alternately, find the most comfortable posture.
In recent years, many offices have begun to be equipped with lifting desks, some netizens share their experience, "I used at least 3 months, but still no regrets of the office products, should X electric lifting table", "buy a table that meets their height, can stand with a laptop to work, or use a lifting table, at least the cervical spine and lumbar spine will be better, for high-tech workers, white-collar workers who sit for a long time," Working from home requires a lift table to solve the problem of sedentary back pain. "
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4 、 Wireless / Silent Keyboard Mouse
Wireless keyboard and mouse set As long as there is a power supply and the connection is smooth, you can get rid of the limitation of distance and position, which is very convenient to use.
Especially after the work enters a busy state, the desktop inevitably accumulates many files, and the wireless keyboard mouse is not affected by the wire, reducing the desktop clutter.
In addition, some people find it difficult to accept the sound of keypad tapping, so the mute design not only improves personal attention at work, but also avoids affecting other colleagues.
For these office "micro-noise", in fact, many office workers are quite feeling, have left a message on the Internet said: "Long working hours, want to find a typing will not noisy colleagues, but also wireless connection of the keyboard", "This is really suitable for use as an office mouse, the silent part of the performance is good, the use of the feel is also very smooth."
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5, intelligent video lens
With the help of the epidemic, remote office and video conferencing have become one of the popular working modes of the times, and the demand for video lenses has increased greatly. For example, in 2021, the sales of ASUS ’ s online shopping channel increased by 8 times. Acer also mobilized company-wide forces to coordinate the supply of goods, and related equipment such as video lenses also sold out of stock.
The video camera has a clear picture and a wide angle of view, which not only allows the other party to see more clearly, but also shows professionalism.
For the video camera, everyone's needs and preferences are not the same, especially those who have experienced working at home, and often have video meetings, "I will choose a wide angle", "more than 10 people (video) or better to 4K quality, and if it is really to be used by many people, but also pay attention to the video edge picture deformation."
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6, USB small humidifier
Hard work can not forget to love your skin, especially the office air conditioning blowing every day, not only easy to feel dry mouth, skin moisture loss is particularly fast, become no shine, eyes will dry.
Therefore, equipped with a simple, small humidifier, not only does not occupy the desktop space, skin care at the same time, but also does not arouse the "attention" of colleagues.
Many female office workers for the USB mini humidifier are quite research, "USB power charging is very light, not only can be used as a humidifier, but also as a display", "I bought a humidifier, easy to use", "want to buy a humidifier but put the table on the platform is really very arrogant, so it looks very convenient to find the usb humidifier on the Internet."
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7, wisdom pen
In addition to the ability to save handwritten content on paper as a digital file, there are also some brands that have a recording function, and even correspond to the style of iPad or iPhone.
A great tool for office workers who need to handle a lot of documents in a paperless company.
"Often because work requires electronic signature or electronic application copy, a smart pen completely helps me solve the inconvenience of busy life", "smart pen feel the weight is very good, really not I am boasting, the weight is enough so that writing will not float, and constantly touch, pressure is very good."
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8, electric massage cushion
Not everyone ’ s office tables and chairs are in line with their personal shape or sitting posture. The lightweight, mobile electric massage cushion or neck pillow is suitable for office workers with limited space, so that everyone can sit for a long time and relieve fatigue.
Therefore, the electric massage cushion squeezed into the office workers' office "technology artifact" list, some netizens said: "Equipped with electric neck pillow and electric legs, for a lot of" low head "or long-term sitting office workers, it is definitely the best choice to relieve fatigue", "neck pillow can adjust the angle and height, can not be too much to support, neck is supported. When you are comfortable, you don ’ t always want to push forward. ”
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9, desktop air purifier
Whether it is anti-epidemic or fighting air pollution, in addition to wearing a mask, the lightweight and convenient desktop air purifier can be carried to the office. Especially if the office space is small, the air circulation in the closed environment is not good for a long time, and it is easy to cause colds or allergies.
"The air purifier is a small one, but it has a big effect, and it is suitable for the room or the office table." "Unlike the general bulky and rigid air purifier, this UV antimicrobial negative ion air purifier has a small body that feels stylish and simple, and the lightweight body is convenient to store and take up less space."
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10, heating mouse pad
The heating mouse pad is a warm artifact for office workers in winter, especially for those who are prone to cold hands and feet. If you wear gloves to work, it is very inconvenient to type or write, which greatly reduces the efficiency.
A heated mouse pad will not be cold enough to be tied when the hand must be exposed to gloves or pockets.
"Office workers must have warm small things in the office", "winter cold do not have to be afraid of hand ice, in the company lying down to take a nap is also super cool", "USB charging mouse mat with rechargeable hot water bag, easy to use!" "Just bought in shrimp skin (rechargeable mouse mat) a hundred yuan."
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Analysis Description:
This research data is provided by KEYPO Big Data Key Engine public sentiment analysis system, and the analysis time range is from February 01, 2022 to January 31, 2023, a total of 1 year.
The system observes tens of thousands of website channels, including major news channels, social platforms, discussion forums and blogs, and analyzes the text related to the discussion of "desk technology artifact", and based on the discussion of the topic by netizens, as the basis for this analysis.
The results of the survey in this article do not refer to polling, polls, online questionnaires, etc. The ranking only represents the volume of online discussion, and does not represent positive or negative reviews of netizens.
This analysis report uses "KEYPO big data key engine" public sentiment analysis system
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This resistance is often compared to the historical Luddite movement, where English workers destroyed machinery they believed threatened their jobs.

Title:

Content: The current state of the gender gap in technology
The gender gap in technology remains a significant problem, with women being underrepresented in technical roles and leadership positions across the industry.
Despite efforts to increase diversity in recent years, the gap remains.
According to a 2021 study, women held only about 25% of tech jobs worldwide.
Moreover, women made up only 17% of senior positions in tech companies, while the number of female CEOs or founders was only 10%.
One reason for this underrepresentation may be the “pipeline problem, ” referring to the lack of women graduating in computer science or other technology-related degrees.
A report by the National Center for Women and Information Technology (NCWIT) stated that in 2020, women earned only 19% of bachelor ’ s degrees in computer and information science.
This limited supply of female graduates can lead to a cyclical problem as fewer women enter the workforce, resulting in less representation in the industry, which in turn limits the number of female role models for future tech professionals.
Skillsoft ’ s Women in Technology Report 2023 revealed a rising gender imbalance, with nearly half (45%) of tech women surveyed indicating that men outnumber them in the workplace by ratios of four to one or higher.
This represents a significant rise compared to 25% who reported a similar situation in 2021.
Stereotypes surrounding gender roles in technology can also contribute to the gap.
The unconscious biases and discriminatory practices that stem from these stereotypes can create barriers for women, including less access to opportunities and resources, unequal pay, and a less inclusive work culture.
The importance of closing the gender gap
Closing the gender gap in technology is critical for several reasons:
• Improving Creativity and Innovation: Greater gender diversity leads to the emergence of different perspectives and methods to solve problems, foster creativity, and drive innovation within the industry.
• Improving financial performance: Research has consistently shown that companies with a diverse workforce are more profitable.
A study by McKinsey & Company found that companies in the top quartile for gender diversity in executive teams were 21% more likely to achieve above-average profitability than those in the bottom quartile.
More inclusive products and services: With a gender-balanced workforce, technology companies are better equipped to design products and services that meet the needs of both men and women, ensuring wider market appeal.
• Combat gender biases in hiring practices: Increasing gender diversity within tech companies helps break down unconscious biases in hiring and promotion decisions, ensuring a fair and more equitable workforce.
Gender diversity not only benefits individual companies but also contributes to positive social change because it helps reduce the under-representation of women in the tech industry in general.
Strategies to address the gender gap
Companies can adopt different strategies to address the gender gap in technology:
Creating an inclusive work environment: A welcoming and supportive work culture that prioritizes equality and inclusion in the workplace is essential to attract and retain women in technical roles.
This can be achieved by applying gender-neutral language to vacancies, providing diverse training for managers and staff, and advocating for flexible working arrangements.
Promote mentorship and sponsorship programs: By offering mentorship programs to women in technology, companies can help them meet challenges and develop their careers.
Sponsorship initiatives, where senior leaders advocate for career advancement for female employees, can also help women reach higher leadership positions within organizations.
Provide skills development programs: Opportunities to improve and reshape skills can benefit all employees, but they can play a vital role in helping women transition into technical roles or advance to senior positions.
By providing support for continuous learning, companies can grow a variety of talent and empower female employees to grow.
Setting and Tracking Diversity Targets: Setting specific and measurable targets focused on increasing women ’ s representation in the workforce, particularly in technical and leadership roles, can motivate companies to take significant steps towards gender equality.
Regular review and adjustment of these goals can help ensure continuous improvement and accountability.
Employing women at multiple career levels: Active employment of women at various stages of their careers can help close the gender gap.
By strategically focusing on early, middle and experienced career roles, companies can create a diverse pool of female talent that can help tackle the problem from all angles.
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Addressing the gender gap in technology requires concerted efforts from businesses, educators, and policymakers.
By adopting these strategies, companies can create more inclusive environments that promote opportunities for women in the tech industry, which will not only benefit businesses themselves, but will drive positive social change as well.
Success Stories: Companies Make the Difference
Many companies have taken inspiring steps in addressing the gender gap and promoting diversity within their organizations.
These success stories can serve as valuable lessons for other companies that want to foster a more inclusive work environment.
Accenture
Global professional services firm Accenture has made significant progress in addressing the gender gap in technology.
The company has set ambitious targets for gender diversity.
By 2025, Accenture aims to have a gender-balanced workforce, with an increased proportion of women in executive roles.
Some of the key strategies to achieve this goal include career care, mentorship programs for high-potential female employees, and targeted employment of women from diverse backgrounds.
iBm
IBM is another tech giant that has made remarkable efforts to empower women in the industry.
The company has implemented a number of initiatives to promote gender diversity, such as the Technologist in Residence program and IBM Women's Inclusive Network.
Furthermore, IBM leadership emphasizes the importance of fostering a diverse and inclusive work environment, regularly participating in events and discussions focused on gender diversity in technology.
Sales force
Cloud computing company Salesforce has made great strides towards addressing the gender gap in technology.
One notable example is their ongoing commitment to equal pay, which began in 2015.
Salesforce spent nearly $11 million adjusting salaries to close the pay gap between male and female employees.
In addition, the company launched the “Equality Ally ” program to train employees to become active supporters of gender diversity and inclusion initiatives.
AppMaster: A Pioneer in Promoting Gender Diversity
As a powerful, no-code platform, AppMaster has made a huge impact in the tech world by making app development more accessible, effective and affordable.
However, their dedication to innovation and excellence doesn ’ t stop there.
Recognizing the importance of addressing the gender gap in technology, AppMaster has taken a proactive approach in promoting gender diversity within its organization and supporting women in technology.
AppMaster ’ s commitment to building an inclusive work culture is reflected in its recruitment and placement practices.
The company seeks to attract and retain talent by providing equal opportunities for career growth, competitive compensation, and a supportive work environment.
Furthermore, AppMaster recognizes the value of mentoring and professional development for women in technology, and actively encourages female employees to participate in industry events, conferences and networking opportunities.
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Overcoming challenges and obstacles
In the journey of addressing the gender gap in the tech industry, there are many challenges that must be overcome.
These obstacles can hinder progress and perpetuate inequality.
It is important to identify and understand these barriers in order to develop effective strategies to address them.
A common challenge is the presence of unintentional bias in recruitment and promotion processes.
This bias can lead to under-representation of women in technical roles, as well as hinder their advancement within organizations.
Recognizing and mitigating unconscious bias through structured and inclusive hiring practices is critical to creating equal opportunities.
Another obstacle is the lack of representation and role models for women in technology.
Without visual examples of successful women in technology, it can be difficult for tech aspirants to imagine themselves in similar positions.
Encouraging and promoting diverse role models and showcasing their achievements can inspire women and empower them to pursue technical careers.
Stereotypes are another challenge faced by women in the tech industry.
Persistent stereotypes that portray technology as a male-dominated field can dissuade women from entering or remaining in technical roles.
Challenging and breaking these stereotypes through awareness and education campaigns is essential to creating a more inclusive environment.
To overcome these challenges, organizations and individuals can implement different strategies.
Providing diverse training programs can help raise awareness and educate employees about unconscious bias, and foster a more inclusive and equitable workplace culture.
Creating mentorship and care opportunities can provide guidance and support to women in technology, helping them overcome challenges and advance in their careers.
Building supportive work environments that prioritize work-life balance and provide flexibility can attract and retain diverse talent.
Long-term benefits of gender equality in technology
Achieving gender parity in technology is not only a matter of social justice, but also a key driver of long-term success for businesses and industry as a whole.
Fostering a more gender-diverse workforce can bring many benefits:
• Innovation: Diverse teams have proven to be more creative and creative.
By bringing together individuals from different backgrounds and perspectives, risk-taking and problem-solving abilities are improved.
Improving company culture: A diverse workforce leads to a more inclusive and supportive company culture.
This not only enhances overall employee satisfaction, but also contributes to increased productivity and improved collaboration.
• Broader talent pool: Addressing the gender gap in technology helps companies tap into the broader talent pool.
By actively recruiting and promoting women, organizations can overcome skills shortages and ensure they have the best talent to drive success.
• Better financial performance: Several studies have shown that companies with gender-diverse leadership teams outperform those without leadership teams.
By achieving gender parity in executive teams, organizations can experience improved financial performance and competitive advantage.
In conclusion, addressing the gender gap in technology is of the utmost importance.
By prioritizing gender diversity and implementing proven strategies to foster an inclusive work culture, companies can reap the benefits of innovation, an improved culture, a broader talent pool, and better financial performance.

Title:

Content: The Importance of Gender Diversity in Technology
As a writer deeply immersed in technology and startups, I strongly believe in the transformative power of gender diversity in the tech industry.
From my perspective, I see how this diversity acts as a catalyst, nurtures innovation, raises team performance, and instills problem-solving endeavors with new perspectives.
Within a diverse workforce, I recognize the potential to benefit from a wide range of skills, experiences and perspectives.
This fabric is woven together to form smarter decisions and achieve more impactful results.
Search pages reflect what I see – companies that embrace diversity tend to rise above their peers, not only in financial performance but also in reputation and prestige.
However, as I delve deeper into this area, I am acutely aware of a prevailing imbalance.
The presence of female engineers in the technology industry remains disproportionate, a stark contrast amid the possibilities that lie ahead.
To address this stark divide, I believe tech companies must take deliberate action.
The burden falls on these entities to proactively cultivate an environment that thrives on inclusivity.
Initiatives that extend a welcoming hand to talented female engineers are essential, pushing the industry towards a future where diversity is not just a buzzword but an inherent and integral aspect of its success story.
Step 1: Create a gender-inclusive environment
Creating a gender-inclusive environment is the basis for successfully recruiting and retaining female engineers.
This includes assessing and addressing unconscious biases, fostering a culture of respect, and ensuring equal opportunities for both male and female employees.
Here are some ways to create a gender-inclusive environment:
1.
Education and Training: Provide diversity and inclusion training to all employees, focusing on unconscious bias and the importance of gender diversity.
This will help create a more inclusive corporate culture and ensure that all team members understand and value diversity.
2.
Gender-neutral language: Use gender-neutral language in all internal and external communications, including job postings, performance appraisals, and meetings.
This helps eliminate gender biases and perceptions, making everyone feel valued and respected equally.
3.
Address biases: Identify situations where unconscious biases may influence decisions, such as hiring, promotions, and project assignments.
Establish clear criteria for these decisions to ensure gender equality and equity in all areas.
Step 2: Enhance recruitment strategies for female engineers
To attract more female engineers, tech companies must actively seek out female talent by leveraging multiple channels and adopting targeted strategies.
Here are some effective recruitment strategies:
1.
Partnering with women-focused organizations: Collaborate with groups, networks, and educational institutions focused on supporting women in technology, such as Women Who Code, Girls Who Code, and the Society of Women Engineers.
These partnerships can help you reach a larger pool of female candidates and establish your company as a promoter of gender diversity.
2.
Use women ’ s job boards: Publish jobs on female-focused job boards like Women in Tech Jobs, Werk, and InHerSight.
These platforms aim to connect women with college employers, making your tech company more visible to female engineers.
3.
Showcase Women Role Models: Share the success stories and achievements of women engineers within your company via your website, social media and other communication channels.
By highlighting the achievements of your female employees, you can inspire potential candidates and demonstrate your commitment to gender diversity.
4.
Inclusive job descriptions: Avoid using sexist language in your job ads and choose an inclusive language that appeals to all genders.
Remove any unnecessary qualifications that may inadvertently discourage women from advancing and emphasize aspects of your company ’ s culture that support women in technology.
5.
Take advantage of referral networks: Encourage your employees, especially female engineers, to refer potential candidates for vacancies.
Provide incentives to employees for successful referrals and build a strong internal referral program.
By adopting these strategies, tech companies can create a more diverse talent pool and increase the number of female engineers in their ranks.
Remember that promoting gender diversity requires long-term commitment and sustained efforts to create an inclusive and supportive environment for women engineers to thrive.
Step 3: Implement inclusive recruitment practices
To ensure that female engineers feel welcome and appreciated from the start, implement inclusive recruitment practices that attract and empower diverse talent.
These practices should reflect the company ’ s commitment to diversity and inclusion and eliminate any biases that may prevent women from joining.
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Use comprehensive language in job advertisements
Avoid using unnecessary language, terminology or qualifications that may alienate potential candidates.
Instead, use more comprehensive terminology and focus on skills and experiences that accurately reflect the requirements of the job.
Using tools like Textio can help identify any gender language and offer better alternatives.
Highlighting the company ’ s commitment to diversity and inclusion
In job listings and on the company ’ s website, make your commitment to creating an inclusive work environment clear.
Showcase diversity and inclusion initiatives, benefits and policies that meet the needs of all employees, with a focus on equal opportunities for growth and progress.
Collaboration with women-focused organizations
Partnering with women ’ s organizations, clubs and schools to find talented female engineers.
This helps expand your employability and connect you with individuals who are actively looking for opportunities in the tech industry.
Training hiring managers to recognize unconscious bias
Unconscious bias can compromise objectivity in evaluating candidates.
Training hiring managers to identify their biases helps create fair hiring processes, ensuring candidates are evaluated based on merit and not by irrelevant factors.
Evaluate candidates on a wider range of criteria
Consider the different aspects of a candidate ’ s background and potential that go beyond academic qualifications and technical skills.
This can include problem-solving abilities, adaptability, collaboration, and communication skills – all of which are essential to thrive in the tech sector.
Building diverse recruitment teams
Assemble diverse recruitment committees to offer different perspectives and minimize the impact of personal biases during the interview process.
This also allows candidates to see representation within the company, signaling a commitment to diversity and inclusion.
Step 4: Retain Female Engineers through Career Growth and Development
Once female engineers join your technology company, boost their success through continuous growth and development.
Encourage female employees to pursue challenging projects, invest in professional development initiatives, and establish mentorship and networking opportunities.
1.
Provide opportunities for career advancement: Women engineers, like all employees, want opportunities for advancement.
Make sure women have equal opportunities in promotions, high-profile projects and leadership roles.
Create clear career paths and align job titles, requirements and compensation with industry standards.
2.
Provide accessible professional development: Professional development allows employees to raise skills, stay abreast of industry trends and prepare for changes in the labor market.
Allocate resources for professional development courses, workshops, conferences and other learning opportunities that benefit women engineers.
3.
Create mentorship and sponsorship programs: Pair female engineers with experienced industry leaders who can provide guidance, support, and advice while defending their career advancement.
Create formal mentorship programs and informal support networks to increase engagement and retention.
4.
Encourage communication and collaboration: connect women engineers with diverse colleagues inside and outside the company to broaden their horizons and foster valuable relationships.
Encourage participation in internal and external communication events, conferences, and professional organizations.
Step 5: Provide a supportive corporate culture and policies
A healthy and inclusive work environment is essential for retaining female engineers.
Create a supportive culture through policies and initiatives that respect diverse backgrounds, address biases, and accommodate flexible work arrangements.
Fostering a sense of belonging
Encourage a culture of collaboration, inclusion and mutual respect among employees.
Recognize and celebrate the achievements of female engineers, and demonstrate that their contributions are appreciated and are integral to the success of the company.
Implementation of equal pay policies
Alleviate pay disparities by ensuring that employees, regardless of gender, receive equal pay for equal work.
Review compensation practices regularly to identify any discrepancies and make necessary adjustments.
Provide flexible working arrangements
Flexible working arrangements, including telecommuting and flexible time, allow employees to balance their professional and personal lives.
Develop policies that accommodate these arrangements when possible, without compromising the quality or efficiency of their work.
Addressing and preventing discrimination and harassment
Establish clear policies and procedures to prevent and address discrimination, harassment and retaliation in the workplace.
Train staff to recognize and report violations and carry out disciplinary actions as required.
Implementation of family-friendly policies
Support employees with families by offering maternity and paternity leave, childcare assistance, and other family-friendly benefits.
These policies demonstrate your company ’ s commitment to the health and well-being of its employees and can help retain female engineers who may have caregiving responsibilities.
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Technology companies can successfully attract, hire and retain female engineers by fostering an inclusive environment, implementing fair hiring practices, promoting career growth, and developing supportive policies.
This commitment to diversity and inclusion contributes to improving the work culture, driving innovation and strengthening business performance.
Step 6: Encourage Change and Accountability in Leadership
The company ’ s commitment to gender diversity starts at the top.
It is crucial for leadership not only to advocate for change, but also to set an example.
Here are some ways to encourage change and enhance accountability in leadership:
1.
Set clear goals for diversity and inclusion: Setting specific and measurable goals for hiring and retaining female engineers will help keep leadership accountable.
Monitor progress regularly and report diversity metrics to ensure transparency.
2.
Promote diversity in leadership positions: Promote women to leadership positions, as this will help create an inclusive culture and inspire other female employees to work for leadership positions.
3.
Leadership training: Provide diversity and inclusion training to all leaders, ensuring they understand the importance of creating an inclusive work environment and their role in promoting gender diversity.
4.
Create a diversity committee: Create a committee responsible for promoting and overseeing gender diversity initiatives throughout the company.
This committee should include members from different levels, departments and engineers to ensure diversity of views.
5.
Holding Leaders Accountable: Linking Leadership Performance Assessments to Diversity and Inclusion Outcomes.
This will encourage leaders to prioritize gender diversity efforts.
Key Benefits of Gender Diversity in Tech Companies
Gender diversity is not only a moral imperative but also a commercial advantage.
Here are some of the key benefits of having a diverse workforce, including a higher percentage of female engineers:
• Increased innovation and creativity: Diverse teams offer different perspectives and ideas, resulting in more innovative solutions and better problem-solving capabilities.
Making better decisions: Diverse gender teams have shown that they make more accurate and informed decisions, which can boost a company ’ s performance and success in the market.
• Improving financial performance: Multiple studies have shown a positive correlation between gender diversity and the financial performance of the organization.
Companies with diverse leadership teams are likely to outperform their competitors.
• Stronger reputation and stronger talent attractiveness: A company committed to diversity and inclusion is more likely to attract and retain the best talent, improving its competitiveness in the industry.
• Enhance team collaboration: A gender-balanced team promotes a more inclusive and collaborative environment, resulting in improved communication and team dynamics.
Customer Appeal: Today ’ s customers are increasingly seeking to work with diverse and inclusive businesses, making gender diversity a factor that positively impacts business relationships.
Success stories from technology industry leaders
Many technology industry leaders have proven that creating an inclusive culture while hiring and retaining engineers is possible.
Here are some success stories:
1.
IBM: IBM has been recognized for its efforts in promoting diversity and gender equality.
The company has established the Women in Technology Council and offers flexible working arrangements and various programs to help women develop leadership and technical skills.
2.
Intuit: Intuit has actively embraced diversity and inclusion initiatives in the workplace.
The company offers mentoring, care and skills development programs to female engineers, ensuring their professional growth and success.
3.
AppMaster Inc.: AppMaster, creator of a no-code platform, promotes an inclusive work environment and actively supports the career growth of female employees by encouraging gender diversity in the workplace.
By committing to eliminating unconscious bias in hiring practices and providing opportunities for female engineers, AppMaster sets an example for other technology companies.
4.
Microsoft: Microsoft has implemented various initiatives to attract and retain female engineers, including mentorship programs, leadership training, and investments in organizations that support women in technology.
5.
Google: Google actively promotes gender diversity through numerous partnerships, targeted recruitment efforts, and employee resource groups.
The company has introduced initiatives to create a supportive and inclusive culture for all.
“Women shouldn ’ t be afraid to pitch themselves, ” said businesswoman Sarah Wood, lighting the torch of empowerment and serving as a beacon of guidance on the journey towards gender diversity in the tech industry.
These success stories stand as evidence of the profound impact that can be achieved by fostering an inclusive environment and implementing strategies that align with this spirit.

Title:

Content: Thursday by Al Wanees
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It revealed the phenomenon of "theft of designs and plans" without regard to the charter of the profession
The theme: “Architecture. ”
A space of creativity
Eng. Badria Al-Adsani revealed that women in our Arab societies are still trying in various ways to prove their efficiency in vain because of the assumption of these positions by men and their adherence to them.
All the women who reached positions and centers were not forced by the roads, but took them with their arms and thanks to them they inspired us.
Al-Adsani added in her interview with Al-Nahar: Women should trust and support women, not be the first enemy for them and their success, pointing out that if family responsibilities were better distributed in our society and women did not assume full responsibility for the home and children, we would see the success of women and men in equality.
Here is the dialogue:
♪
Have women succeeded in management?
And how?
♪
The question that arises is: have women been given the opportunity to assume a managerial position and take over all tasks without male intervention?
Knowing that she entered this field several centuries ago and succeeded in it and proved its worth.
Unfortunately, women in our Arab societies are still trying in various ways to prove their competence in vain because men hold these positions.
All the women who reached positions and centers were not forced by the roads, but took them with their arms and thanks to them our inspiration.
♪
Is there a competition between men and women in engineering?
How? How?
♪
Yes, there is honest competition among some, but society usually prefers men to women because of their preoccupation with their household duties and their children, where it requires a great effort and more time to reach the stages that can be reached by a man who depends on his wife to care for his children.
♪
What distinguishes women in management?
Does emotion play a role in this?
♪
I don & apos; t see that there is anything that distinguishes women in management and at the same time I don & apos; t see anything that distinguishes men in management
The human race has nothing to do with its ability to manage.
There are administrative failures of both sexes, and there are administrative creators of both sexes.
It all depends on the same person.
First of all, is he deep in the specialty he is managing?
Is he passionate about management?
Is he a leader?
Does he know how to handle things outside of his control?
And about passion in men who are more passionate than women.
Personally, I ’ m not convinced that passion is about women, as people say.
Also, I am against the manager / manager being emotional.
Emotion can produce failed decisions.
This does not mean that a person dehumanizes himself, but it is necessary that reason and logic be stronger than emotion.
♪
The importance of men ’ s support for women at work, how would you describe it?
♪
Women need the support of men in the family and in the workplace.
Also, women should trust and support women and not be the first enemy of their success, so some men underestimate women ’ s abilities and view them as inferior.
But the beauty is that recently we have seen examples of men who are proud of their women and this may change the outlook of society in the future.
♪
How did you get into engineering?
♪
From the beginning, my predilections from a young age were completely away from literary subjects and I was in love with mathematics and physics, and as I grew up in the arms of a female doctor, I thought I would specialise in a different discipline than my mother.
I saw that architecture has a wide range of fields and a beautiful future, and my choice to specialize in architecture came precisely because it gave me space for creativity and was not the exclusive preserve of artists who are good at drawing, as they say.
♪
If you go back in time, would you choose the same field?
♪
Yes, the journey was difficult but it was beautiful and I am proud of what I have reached now.
♪
What are your main interests in public life?
♪
I love reading, and I am passionate about learning new things, especially languages.
My hobby since childhood is playing the piano.
♪
Does your work interfere negatively with your family life?
♪
If the responsibilities of the family were better distributed in our society and women did not assume full responsibility for the home and children, we would see the success of women and men in equality.
If a woman is successful, make sure she has a cooperative husband who likes to see her succeed.
♪
How do you assess the intellectual property rights of engineering drawings and construction plans in Kuwait?
♪
Unfortunately, there is no respect for the law or adequate protection to preserve intellectual property rights.
There are those who steal designs and plans without the slightest feeling or attention to the efforts of his colleagues in the profession and this is professionally unethical and does not belong to honesty and integrity.
♪
What is the mechanism and technical standards for the detection of fake engineering drawings of major engineering offices?
♪
Placing a program under the municipality ’ s umbrella that reveals the plans and designs of similar replicas so that the license is refused only to bring something confirming its ownership.
♪
How do we protect the rights of creative engineering offices?
♪
The state must enforce strict laws.
Example: Warn them and then withdraw the license of the engineering office.
The application of these laws and not only their issuance limits thefts and is a deterrent to those who approach themselves on the effort of others.
♪
You run an engineering office.
What is the Office ’ s strategic plan?
♪
My plan for the Engineering Consulting Office is very ambitious and I hope to achieve these ambitions in the future and this plan is based on the following steps: expanding the services provided locally, either individually or through partnerships to develop the service to a high level, and expanding regionally through establishing partnerships with offices outside Kuwait to benefit from expertise in all engineering fields.
♪
Do women lack leadership positions?
♪
This is true, knowing that the percentage of the population of men and women is almost equal, but we note that in most ministries and government bodies, leadership positions are mostly held by men, knowing that the standards required for these positions are met by women as they are met by men and sometimes exceed them. Although in our society it is possible to accept a man in a leadership position, although he does not have a personality suitable for the position, but do not accept women, besides the view of some influential people in the state that the place of women is home and family and not work, especially leadership work because it sometimes requires media appearance and this does not suit their customs and traditions.
♪
The reasons why women do not have access to parliament?
♪
This phenomenon in Kuwait is due to several social factors, including the lack of confidence in the Kuwaiti society in the ability of women politically to deal with local and international developments, and the possibility of communicating with voters in Kuwaiti society is Diwaniya, where the candidate meets with voters and explains his goals. This often does not apply to women candidates.
♪
What are the pros and cons of social media platforms?
♪
The positives are many as an example: they save effort and energy from the client and companies, facilitate communication between them and increase the culture of customers.
As for the negative, I believe that some false information may cause confusion for some customers and change their direction to the wrong way and this may cost them a lot in the future.
♪
With the rise in the price of real estate in Kuwait, is it possible to increase the price of designs?
♪
Design prices often depend on the client ’ s requests and also depend on the designer ’ s competence and experience.
But of course we want to be ourselves and time on the client.
♪
How do you evaluate Kuwait ’ s building codes?
♪
The citizen pays about half a million dinars on a piece of land space, so the municipal laws must be logical.
Determining the proportions of construction, elevations and reflections, these are the laws of any civilized country, but do not restrict the citizen to internal divisions, such as preventing the construction of two apartments on the first floor or placing a mezzanine in any of the floors, this is a personal freedom and does not negatively affect the environment.
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Today's "Luddites" are individuals who oppose new technologies or ways of working, not necessarily out of ignorance, but due to various underlying reasons.

Title:

Content: Technologies that blossomed in the Corona Pandemic and will stay with us forever
The coronavirus pandemic, which has ravaged the world and continues to have repercussions, has forced people, businesses and society at large to adapt quickly to a new and uncertain reality, a reality that has changed our usual way of dealing with things, isolating us from people and the natural life to which we are accustomed.
Interestingly, recent technological innovations have stepped up to fill this void, as many technical advances have been made in the fields of medicine (such as vaccine development via technology using digital twins), virtual communication, e-learning, artificial intelligence (AI), the Internet of Things (IoT) and e-commerce.
None of these technologies are entirely new, but the rapid pace of their adoption, especially in the healthcare and education sectors – which are usually very slow to adopt new technologies – was unexpected, and what usually took many years to adopt, happened within a few months as digital connectivity suddenly became the focal point of our daily lives.
Now, some 20 months into the epidemic, it is clear that many of these technologies are likely to stay with us for many years to come, perhaps forever.
Digital Home Work Desks
A recent survey by the Confederation of British Industry (CBI) of UK businesses found that 75% of them have adopted new technologies and technological innovations to improve their productivity since the start of the epidemic, most notably working online from home. More than 65% of respondents still work from home at least part of the time, and 25% work from home most of the time.
Interestingly, the majority of people who work from a home office report that they are happy with this new way of working, according to businesstech, which published the survey results.
The pandemic has led to the collapse of many companies and cost cuts in many others, so people around the world have developed multiple and diverse income streams, all based on working from home, to compensate for salary cuts or to find new work instead of lost ones.
For employers, they have reaped benefits such as reduced office rent, bills, insurance and maintenance costs, as well as increased employee productivity.
Sixty per cent of business owners are happy to reduce their office space, while 43 per cent believe that by 2030 there will be no need for offices at all, and there is no doubt that the future of work will be remote and the digital home office is here to stay.
Telemedicine
The health sector has long been slow to adopt new technologies, however, the pandemic has changed this forever, as industry leaders have recognized the value of technologies such as telemedicine and the use of robots to limit the spread of the virus.
There are hundreds of ways in which technology is changing the way health care is delivered and managed, for organizations the biggest challenge is prioritization, and for individuals, the biggest challenge is accessible personal health care that puts them in control of the future of their existence in this life, as digitalhealth recently reported.
In countries and cities where the 5G network is available, patients, paramedics and medical experts communicate remotely in real time.
This collaboration between doctors and paramedics, using high-speed 5G technology, has enabled healthcare professionals to diagnose and treat patients remotely when they cannot reach the hospital.
During the epidemic, access to health services was limited so that hospitals could focus on treating those infected with the coronavirus, and this forced health care providers to adopt alternative methods of consultation and services via video conferencing, telephone consultations via the Internet, e-mail or smartphone applications, research found that these virtual services were particularly valuable for older people.
The pandemic has created many changes in the world ’ s healthcare industry, changes that remain and will forever change the future of medicine.
E-Learning
During the pandemic, schools and universities closed, and millions of students around the world were sent home.
Suddenly students and parents had to adapt to digital distance learning using tools such as video conferencing, language learning applications, e-learning platforms and programs, and virtual education, and educational institutions from schools and universities made great efforts to ensure that students had access to the Internet and the technology needed to promote inclusion and digital learning.
The COVID-19 pandemic has forced schools and universities around the world, which have been slow to adopt technology, to change in a very short period of time, and with the pandemic now coming to an end, many universities around the world have decided to adopt a “blended learning ” approach (online and live teaching) for the future. A report on the future of digital education.
Contactless transactions
In the business world, the pandemic has promoted contactless transactions to reduce the spread of the virus through direct communication, and the most important technologies that have become popular are contactless payment, express shopping (without cashiers), online shopping, and biometric check-in for travel and accommodation.
All the major online companies reported a significant increase in business during the epidemic, and in fact, these safe and convenient innovations have evolved due to the increased power of data processing with better image sensors, smarter artificial intelligence, and much faster communication networks, and these methods of contactless dealing in various fields will certainly increase in the future with the steady development of technology.
Artificial Intelligence
We are currently living at the beginning of an era of artificial intelligence that has accelerated dramatically due to the epidemic, and more and more companies are using artificial intelligence to develop themselves, and re-modernize their business models in order to achieve long-term success.
During the epidemic, many companies have replaced people with artificial intelligence to limit the spread of the virus, and artificial intelligence has been widely used in many countries, not only to predict the spread of the virus, but also to monitor, predict and manage healthcare resources.
In the future, AI will move from a technology enabler to a technology driver, and thus, AI will become an essential part of all business strategies to achieve long-term value.
Innovations will remain
At the height of the pandemic, many businesses could have stopped working, the entire education process would have been disrupted, with a fatal shortage of healthcare, and in fact, life would have been disrupted without innovative and sophisticated technological solutions, and it is now clear that most of these innovative technologies will be an essential part of our future.
Source: The Island
About this story
The invention of the respirator and air purifier, carried out by Qatari researchers, won the gold medal at the Geneva Exhibition of Inventions, and the new device finds a solution to prevent the exposure of medical teams to danger, especially in light of the Corona virus.
Published On 28 / 6 / 2021
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Understanding these reasons is crucial for building a harmonious and productive work environment.

Title:

Content: Global News
The world today - a dark horizon awaits them.
Why Do Tech Companies Abandon Their Employees?
You are now following the news of a dark horizon waiting for them.
Why Do Tech Companies Abandon Their Employees?
From the World News section and now we leave you with the full details
MOHAMMED, Abu Dhabi, Jan. 27, 2024, 04: 22 PM – The pace of layoffs at tech companies escalated dramatically in 2023, causing tens of thousands of people to lose their jobs, in a sector once considered synonymous with job security.
Excluding job cuts caused by the COVID-19 pandemic in 2020, 2023 saw the highest annual total of tech job cuts since the Great Recession in 2001.
Last year, tech companies cut 168,000 more jobs, a 73 percent increase over the number of employees laid off in 2022, according to a report by labor market research firm Challenger, Gray & Christmas.
The wave of layoffs that affected the employees of technology companies in 2023 is not new, it was launched at the end of 2022 due to the difficult operating conditions experienced by the companies at the time, which caused the loss of trillions of dollars of value due to high inflation and interest rate growth, which weighed on the work of these companies, which have become suffering from high cost of debt, which they depend on to finance their growth opportunities.
A gloomy horizon hovering around employees
Despite the good performance of tech companies in 2023, the gloomy horizon still hovers around employees in the sector, with layoffs still ongoing at tech companies until now, with the first month of 2024 seeing Amazon, Alphabet, TikTok, EBay and Tencent announcing plans to give up more manpower this year.
EBay indicated at the beginning of 2024 that it plans to lay off 9 percent of its workforce, equivalent to about 1,000 full-time jobs, while Tencent ’ s Riot Games unit said it would cut 11 percent of its workforce, or about 530 jobs, and TikTok announced that as part of its review of its business, it decided to cut about 60 jobs, allowing it to focus on long-term strategic growth areas.
In turn, CEO of Alphabet (Google ’ s parent company), Sundar Pichai, told employees of the company that more job cuts are coming in 2024, noting that Alphabet has ambitious goals to invest in areas such as artificial intelligence, where to create the capacity for this investment, the company has to make difficult choices, such as eliminating some job roles.
At the beginning of 2024, Amazon announced the layoffs of hundreds of employees from its media divisions, including Prime Video, Amazon MGM Studios, Twitch and Audible, after cutting tens of thousands of jobs last year.
Experts believe that there are worrying trends, which are currently governing the reality of technology companies, and overcome the obstacles facing various other industries, forcing them to sacrifice their employees despite the fact that their financial situation is stable.
Wael Makarem, chief market strategist at Exness, said that after the rampant hiring spree that many big tech companies embarked on during the COVID-19 outbreak, they later realized that the trend was unsustainable and that they had hired too many people because of their wrong bet that the technology boom would continue to be supported by longer telecommuting.
He added that companies found themselves suffering from an abundance of employees, it is natural that companies tend to look for efficiency when faced with a slowdown in business and increased competition, and this is what prompted them to lay off employees who are surplus.
According to Makarem, the technology companies will be cautious, after the boom experienced previously is currently in a phase of decline and feel suspicious, which is carried by the future, so we see that the layoffs continue in 2024, revealing that if the US Federal Reserve succeeds in achieving a soft landing of the economy, and the benefits are falling and inflation is falling, this may create optimism in the business environment, which may lead to stop layoffs at that time.
Funds for Artificial Intelligence
For her part, technology specialist Dadi Geagea says that some wonder why technology companies continue to reduce jobs now, although the results of its work were good in 2023, to clarify that there are several reasons for this option, most notably what Alphabet revealed, which was the only company clear towards the public, where announced that its priorities are currently investment in the fields of artificial intelligence, and this requires reducing costs in other places, especially some jobs.
Geagea believes that this trend recognized by Alphabet is worrying, as the company sacrificed employees, in a bet that investment in the fields of artificial intelligence, may obviate the presence of a large number of workers, as if this approach is expanded and adopted by the rest of the companies, it means more layoffs unrelated to the general economic situation.
Geagea reveals that the concern for profitability is another reason why tech giants continue to reduce their staff numbers, as as companies take a closer look at their balance sheets and business performance at the end of the fiscal year, they make decisions related to the new fiscal year based on the result of the previous year.
“So we see that at the beginning of each year, many companies are laying off a number of employees, to ensure that they continue to boost profits, even at the cost of firing employees. ”
She added that it is known that workers are always the first to be affected if the company does not find any other source to boost revenues, considering that the obsession to enhance profitability is a worrying trend followed by most companies in the world in ignoring them for the damage that may be borne by the employee as a result of these decisions.
According to Geagea, the technology sector will no longer be synonymous with job security for workers, as everyone must prepare for the changes that will occur in this sector, as large companies that develop programs of AI will eventually rely on this technology instead of employing humans, and therefore we will find that layoffs will continue and will not stop in these companies, which will increase the levels of anxiety among their workers and this worrying trend, will expand in the coming years.
She stressed that the layoffs that will be carried out by technology companies in the future will not be related to the results of the business or the level of profits, but rather the need for the presence of this number of people, with the emergence of the role of artificial intelligence as an alternative employee or assistant to humans.
We hope that we have succeeded in conveying the full details of the news of a dark horizon waiting for them..
Why Do Tech Companies Abandon Their Employees?
In God ’ s care and protection.
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Title:

Content: I. BACKGROUND
The second chapter of the Anti-Unfair Competition Law, "Unfair Competition Acts," clearly lists a number of acts that belong to unfair competition and should be regulated by the Anti-Unfair Competition Law, such as market confusion, commercial bribery, false propaganda, infringement of trade secrets, and so on.
However, in the actual operation, the acts involving unfair competition are diverse and varied, and are not limited to the types of acts explicitly listed.
Article 1 of the “Interpretation of the Supreme People ’ s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People ’ s Republic of China ” stipulates that“ if an operator disrupts the market competition order and damages the legitimate rights and interests of other operators or consumers, and violates Chapter II of the Anti-Unfair Competition Law and the provisions of the Patent Law, Trademark Law and Copyright Law, etc. ” Refers to the following provisions:
"Article 2 In their production and operation activities, operators shall follow the principles of voluntariness, equality, fairness and good faith, and abide by the law and business ethics.
The term "act of unfair competition" as used in this Law refers to the act of a business operator in the course of production and business operation that violates the provisions of this Law, disrupts the order of market competition and harms the legitimate rights and interests of other business operators or consumers.
"Business operators" as used in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services for commodities (hereinafter referred to as commodities, including services). "
This article is a general provision of the anti-unfair competition law referred to in this article, which is used to regulate and protect market behavior that cannot be classified as protected by other special laws and regulations or special provisions.
In the last article of this article, "Caesar 's to Caesar, God' s to God - from the" anchor job-hopping "of the multi-case judgment < Anti-unfair Competition Law > general provisions of the rules of adjudication evolution", introduced three cases involving the live platform anchor job-hopping, poaching of different periods of cases, discussed its different adjudication results and the "anti-unfair competition law" second rule of adjudication. Evolving.
The discussion is limited to only webcasting an industry, because the industry is a new business model that has emerged in recent years, and its business model, recognized business ethics, etc. are gradually stereotyped, with certain particularity, which is a good starting point for discussion.
This article hopes to extend the special industry to the general industry, discuss the unfair competition disputes caused by employees jumping jobs or being poached, and explore the boundary position of fair competition and unfair competition from the perspective of the Anti-Unfair Competition Law, and once again review the general provisions of the Anti-Unfair Competition Law.
Legal issues that may be involved in the employee transition process
After employees leave the former enterprise, whether they start a new enterprise on their own, or actively jump or passively dig into the post enterprise, the legal issues involved are not simple.
For example, there may be contractual disputes with the original enterprise involving the civil code and the labor contract law; may involve disputes over the ownership of intellectual property rights under the copyright law, the trademark law, and the patent law; may also involve various disputes under the anti-unfair competition law, or even the crime of violating trade secrets under the criminal law.
Under the Anti-Unfair Competition Law discussed in this article, the most disputes caused by employees changing jobs are of two types:
The first category is disputes concerning the infringement of trade secrets, in which former companies generally claim that employees take away the company ’ s trade secrets, such as the company ’ s technical secrets, or the company ’ s business secrets, for use in the latter company or in companies where employees start their own businesses.
Since China has not yet enacted separate legislation for the protection of trade secrets, such as copyright, trademark and patent, and there is no single "Trade Secret Protection Law", such disputes are subject to the provisions of Article 9 of the Anti-Unfair Competition Law:
"Article 9 Business operators shall not commit the following acts that infringe on trade secrets:
(1) Obtaining the trade secrets of the right holder by theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosing, using or allowing others to use the trade secrets of the right holders obtained by the means mentioned above;
(3) Disclose, use or allow others to use the trade secrets in their possession, in violation of the duty of confidentiality or in violation of the requirements of the right holder regarding the preservation of trade secrets;
(4) abetting, inducing or aiding others to violate the duty of confidentiality or to obtain, disclose, use or allow others to use the trade secrets of the right holder in violation of the requirements of the right holder.
Any natural person, legal person or unincorporated organization other than the business operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed trade secrets.
A third party who knowingly or should have known that an employee, former employee or other unit or individual of the right holder of a trade secret commits the illegal acts listed in the first paragraph of this Article and still acquires, discloses, uses or allows another person to use the trade secret shall be deemed to infringe the trade secret.
The term "trade secret" as used in this Law refers to commercial information such as technical information and business information that is not known to the public and has commercial value and has been subject to appropriate confidentiality measures by the right holder.
The second category is not involved in the infringement of trade secrets disputes of employees job-hopping cases, such cases, former companies generally advocate that employees job-hopping or poaching in the company take away the trading opportunities and competitive advantages that belong to the former company, resulting in the corresponding losses of the company, and advocating that the employees and the company have engaged in unfair competition.
Since there is no special special provision in the Anti-Unfair Competition Law to regulate such disputes, such disputes are often judged by the general provisions of the Anti-Unfair Competition Law, that is, the provisions of Article 2.
For the first category, the employee job-hopping is not the key to the case, and the general infringement of trade secret disputes are not too special, according to the ordinary infringement of trade secret disputes can be handled, generally is through a variety of evidence to investigate whether the information involved is a trade secret, whether the job-hopping employee violated the confidentiality agreement or the confidentiality obligation to disclose the trade secret.
This article mainly examines the second category of cases where the general provisions of the Anti-Unfair Competition Law are applied to adjudicate, that is, employees who do not involve the infringement of trade secrets disputes.
Through these cases, the spirit of the general provisions of the Anti-Unfair Competition Law is again explored – the distinction between Caesar ’ s to Caesar and God ’ s to God, that is, the part that should be left to the laws of the market to adjust, and the part that should be left to the law to adjust.
III. CASE DISCUSSION
1.
Case 1: [(2009) Minshenzi No. 1065] - "kelp quota" case
This case is typical of the annual report of the Supreme People ’ s Court on intellectual property cases (2010), which named the case “kelp quota case ”.
Although it is an old case more than ten years ago, the Anti-Unfair Competition Law has also undergone revision, but the case has still been cited in many similar cases in the judicial documents, and there is little dispute. Justification Judgment of the behavior of departing employees who use their personal skills to work for a company that has a competitive relationship with the original organization.
These rules of adjudication have been used so far, so that when it comes to unfair competition disputes caused by employees changing jobs, it is necessary to introduce this case in detail first.
Ma has worked in the Shandong Food Company for 20 years, mainly engaged in kelp processing and export work.
Japan's Hokkaido Fishery Federation set quotas for Sino-Japanese kelp trade and handed them over to COFCO International for unified management of the kelp quota.
Since 2001 to 2006, COFCO has allocated a quota for the export of kelp to Shandong Food Company, mainly by Madaqing on behalf of Shandong Food Company to sign a contract with the Japanese company.
On April 3, 2007, Japan's Hokkaido Fishery Federation sent a letter to COFCO International, saying that it was uneasy to ensure the quality of the kelp before the loss of Shandong Food Company personnel, and that the Japanese kelp industry had trusted Ma for many years, and asked Beijing COFCO to use the company as a window for Weihai kelp.
Shengkedacheng Company eventually obtained 310 tons of kelp export quota in Weihai, Shandong Food Company once lost all kelp quota.
One of the details is that Ma is not a senior executive of Shandong Food Company, does not have legal competition restrictions obligations, nor has he signed any competition restrictions agreement with Shandong Food Company, that is, does not have the agreed competition restrictions obligations.
More than 400 staff representatives of Shandong Food Company have visited the province several times.
The Ministry of Commerce of the People's Republic of China (CPC) and the China Finance and Trade Union of the People's Republic of China (CPG) have held several meetings to coordinate with the COFCO Group.
It was not until July 2007 that Shandong Food Company obtained the 2007 kelp quota of 320 tons, but by this time the kelp harvest season had passed.
The Shandong Food Company accused Ma and his company of unfair competition by seizing the "life support money" of thousands of retired, retired and working employees of the Shandong Food Company.
The court of first instance upheld the lawsuit filed by Shandong Food Company.
Ma Mou and Shengkedacheng Company filed an appeal, and the second instance judgment of the Shandong Provincial High People's Court quashed the original judgment.
Shandong Food Company refused and applied for retrial.
During the second trial, the retrial applicant, the Shandong Food Company, through the All-China Federation of Trade Unions and two deputies to the National People's Congress, respectively reported to the Supreme People's Court the situation and put forward proposals. Social stability, strongly demand that Ma be determined to constitute unfair competition, and stop it from competing with Shandong Food Company for the export of kelp quotas to Japan.
However, under such pressure, after careful consideration, the Supreme Court still firmly believes that the second instance judgment is not improper, and has reasonable grounds to reject the retrial application of Shandong Food Company.
The retrial judgement stated that:
Although the quota for kelp exports to Japan has remained relatively stable for a long time, it is still a competitive and open business opportunity.
For enterprises that have obtained the quota for a long time, such as Shandong Food Company in this case, obtaining the quota for kelp exports to Japan is a commercial opportunity that can be reasonably expected to be obtained under normal circumstances, and can become a legal benefit protected by law, especially the anti-unfair competition law.
In the first instance, the "competitive advantage" is regarded as the legal benefit protected by the anti-unfair competition law.
It is not unreasonable for employees to plan to set up a new company while they are in office and make proper preparations for their careers after leaving office.
The system of restricting competition is a means of legal protection given to the operators concerned by the law, and the Shandong Food Company has failed to protect itself, and the adverse consequences arising therefrom should be borne by itself, and no blame should be placed on the natural world.
Even if Ma attracted the seaweed business personnel of Shandong Food Company to leave to work for themselves, as long as they did not use improper means, lobbying others or recruiting talents themselves did not violate the law.
As for whether or not Ma left office without authorization, it is a matter for labor disputes to be resolved, and it does not of course constitute unfair competition.
Free competition and fair competition are the two basic principles of market economy, and they have their own emphasis and balance each other.
Free competition will effectively optimize the allocation of market resources, reduce prices, improve quality and promote material progress, thus benefiting the whole society.
However, free competition is not without limits, excessive free competition will not only cause chaos in the competition order, but also harm social and public interests, it is necessary to use fair competition rules to limit and correct free competition, and guide operators to compete for business opportunities through fair, appropriate and legal means of competition.
Therefore, although the people's courts may apply the general provisions of the anti-unfair competition law to safeguard fair competition in the market, they should also pay attention to strictly grasping the applicable conditions to avoid improper interference and obstructing free competition in the market.
Where the law already provides for exhaustive protection through special provisions, it is not appropriate to apply the general provisions of anti - unfair competition law to regulate it;
In the sense of anti-unfair competition law that regulates market competition order, the principle of good faith is more embodied in the form of recognized business ethics.
Business ethics should be judged according to the ethical standards of market transaction participants in a particular business field, which is different from individual morality and can not be equated with general social morality, which embodies a kind of business ethics.
The business ethics required by the anti-unfair competition law must be universally recognized business ethics, which refers to the universally recognized and accepted standard of behavior in a specific business field, which is generally recognized and general, and should be the common and universally recognized standard of behavior of the transaction participants.
In the market economy environment, anyone can compete with anyone as long as they do not violate the law. The flow of labor or talents is also an inevitable requirement and an important aspect of market competition.
As laborers with learning ability, workers will inevitably master and accumulate knowledge, experience and skills related to their work in the process of enterprise work.
In addition to the case of business secrets belonging to the unit, these knowledge, experience and skills constitute an integral part of the employee's personality, which is the basis of his ability to survive and work, and can be freely used and used, which is obviously different from the job invention-creation or the job work results can become independent property or interests.
If an employee has the freedom to use his or her own knowledge, experience and skills after leaving his or her employment, and wins the trust of customers and forms a competitive advantage by using his or her own knowledge, experience and skills, he or she will not violate the principle of good faith and accepted business ethics except in the case of infringing on the trade secrets of the original enterprise;
In the absence of sufficient evidence to prove that Ma engaged in unfair competition, the investment loss or failure of competition caused by others' normal competition for business opportunities is a normal business risk, and the business opportunity can not be presumed to belong to him only because of historical accumulation and early investment.
In short, the case provides a lot of guidance: Although business opportunities are legal benefits under the Unfair Competition Law, they are not legal rights and can be freely contested; the general provisions of the Unfair Competition Law should be applied to avoid improper interference and hinder market competition. Even if the enterprise and the old owner compete for the market; the failure of competition is common, it can not be automatically presumed that the home is unfair competition, fair competition is protected; business ethics should be recognized by the industry, not only from the standpoint of one side, but also can not be equated with personal integrity; using legal means to attract talents is legitimate, talent flow is conducive to promoting competition.
The judgment in this case also concluded that the application of Article 2 (1) and (2) of the Anti-Unfair Competition Law shall constitute unfair competition under the following conditions:
First, the law does not make special provisions for such competition;
Second, the legitimate rights and interests of other operators have indeed been harmed by the competition.
The third is that this kind of competition behavior is unjustifiable or obligatory because it violates the principle of good faith and the accepted business ethics, which is also the key point of the problem and the key point of judgment.
The above three conditions that constitute unfair competition have been repeatedly invoked in similar cases since then, and none of the three conditions is indispensable.
This can be seen in the case below.
2.
Case 2: [(2023) Humin Shen No. 1501] — — “Jiayue Medical ” v.“ Minimally Invasive Heart ” Case
The original and the defendant in this case are innovative technology enterprises engaged in the research and development and manufacturing of medical devices such as heart valve repair devices, and there is a direct competition between the two.
Li was originally the technical person in charge of the plaintiff "Jiayue Medical" and signed a competition ban agreement.
The plaintiff claims that the defendant "minimally invasive heart" knew that Li had the obligation to prohibit competition, but still maliciously poached Li, so that he engaged in the system research and development work that competed with the plaintiff, and the defendant's malicious poaching caused the plaintiff's huge economic losses.
This case has gone through a first, second and retrial.
First, the court of second instance and the court of retrial both held that it did not constitute unfair competition, of which, the court of retrial held that:
Human resource is an important resource for operators to participate in market competition, and talent flow is the basic form for the market to play the role of resource allocation.
The competition of the operators to the excellent talents leads to the flow of talents, and the outflow of talents loses the competitive advantage and then causes losses, but it cannot be determined that the inflow of talents is unfair competition.
The evaluation of whether the behavior of the operator in the competition of human resources constitutes unfair competition should be considered from the following two aspects: First, whether the behavior of the operator violates the law, violates the principle of good faith and business ethics, and second, whether the behavior of the operator disturbs the normal order of talent flow and then affects the reasonable allocation of human resources in the market.
Whether Li Mou resigns as a director of Jiayue Medical Company has legal effect, and whether Li Mou has a business prohibition obligation on Jiayue Medical Company when he enters the Minimally Invasive Heart Company, all belong to the internal legal relationship between Li Mou and Jiayue Medical Company, and the recruitment behavior of the third-party Minimally Invasive Heart Company is not legally binding.
The commercial ethics standard in the anti-unfair competition law is not the duty of reasonable care, but the standard of behavior generally accepted by market participants in the commercial field, that is, the ethical standard of economic people.
In this case, there is no evidence to show that in the recruitment process, the company clearly knew that Li Mou had the obligation to prohibit competition and deliberately induced and helped Li Mou to violate the obligation to prohibit competition, so it is difficult to say that it violated the principle of good faith and business ethics.
It can be seen that the difference between this case and the "kelp quota" case is that the job-hopping employees have no obligation to prohibit competition in the "kelp quota" case, but in this case the job-hopping employees are prohibited from competing in the business.
However, even so, the court held that the prohibition of competition obligation is the internal legal relationship between the employee and the former company, which is not binding on other parties, and because the company did not intentionally induce and help Li to violate the prohibition of competition obligation, it does not constitute unfair competition.
3.
Case 3: [(2021) Beijing 73 Minzhu 2969] - "Houda" v. "Ruida" case
This case is very similar to Case 2, the job-hopping employees in Case 2 have the obligation to prohibit competition, and the job-hopping employees in this case have an exclusive employment relationship with the company.
In this case, the plaintiff "Houda" company and the defendant "Ruida" company are judicial examination training institutions, have a competitive relationship.
The former "Houda" lecturer Cai Mou and "Houda" company signed a "teacher teaching service agreement", the two agreed on "exclusive teaching relationship"; "Ruida" company knew or should know that Cai Mou and "Houda" company have an exclusive teaching relationship and still employ Cai Mou, resulting in a direct decline in the competitiveness and market share of Houda.
The case went through first and second trials.
The first instance ruled that Ruida company has unfair competition behavior.
However, the court of second instance quashed the judgment of first instance and held that:
The purpose of the Anti-Unfair Competition Law is to punish business operators for disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers in their production and operation activities.
In the absence of special provisions by law, article 2 should be applied in strict accordance with the three prerequisites set out in the earlier entry into force judgment, so as not to hinder free competition in the market through improper interference.
In essence, this case is a dispute between the “Houda ” company and its lecturers in the performance of the relevant teaching agreement, and if any party has violated the contract, it should be bound by the labor contract law or the employment contract, and not the scope of anti-unfair competition regulations.
For the "Ruida" company to Cai and other lecturers, because the judicial examination (or legal professional qualification examination) training industry basically adopts a commercial operation mode, so by providing better development space or welfare treatment to attract talents is the operator usually take the means of competition, in line with the objective law of market competition.
Therefore, in the absence of evidence to prove that the "Ruida" company hired lecturer Cai Mou behavior is not in line with the actual situation of the industry, and violates the principle of good faith and recognized business ethics, "Ruida" company hired Cai Mou and other lecturers behavior is not improper or responsible.
The first is that the law does not make special provision for such competition, the second is that the legitimate rights and interests of other operators are actually harmed by such competition, and the third is that such competition is unjustifiable or liable because it violates the principle of good faith and generally accepted business ethics. It is also the key to the problem and the point of judgment.
It can be seen that the judgment ideas in this case and the judgment ideas of the first and second cases are in the same line, that is, the flow of talents is an objective law in market competition, and the use of legal means to attract talents, even if the attracted talents have exclusive teaching agreements, it is also subject to labor contract law, not the scope of anti-unfair competition regulations, and does not have irregularity or accountability.
4.
Case 4: [(2020) Beijing 73 Minzhi No. 1501] - "Faith Interaction" v. "Hot Hand Culture" Case
The case involved star hopping.
"Faith Interaction" and "Hot Hand Culture" are both performing arts economic companies, and the three-person singer group "Sunshine" was originally an artist group signed by Faith Interaction and signed exclusive contracts with the company.
"Faith Interactive" company advocates "hot hand culture" company maliciously instigated the three artists to constitute unfair competition.
The case went through one or two trials.
First, the court of second instance held that the "hot hand culture" company did not constitute unfair competition, which the court of second instance held:
"Faith Interactive" company and three artists signed an exclusive contract, the contractual legal relationship between the three should be subject to the relevant laws such as contract law, because the economic benefits arising from the signing of the contract obviously should not apply the provisions of the general provisions of article 2 of the anti-unfair competition law;
In the market economy, the three people as entertainers choose or replace the brokerage company according to their own situation, seek more and better resources for development, and pursue the maximization of their own economic interests. The hiring of a lawyer is not prohibited by law.
The court even pointed out that the legal interests protected by the anti-unfair competition law are free and fair market competition order.
Market competition is a kind of competition for market opportunities, the result of competition will inevitably involve the gain and loss of market opportunities or market interests between different operators, so market competition has the nature of harming others and benefiting oneself.
In addition to legal rights, it will create a "right of competitive advantage" artificially, and competitive advantage in free competition is always in a state of diminishing one another. The purpose of competition is also to compete for market resources and competitive advantage. Impropriety of competitive conduct.
From the above, it can be seen that this case has reexamined the concept of "economic man" in the "[Case 1] kelp quota case" to judge whether it violates business ethics.
In addition, although this case and case two and case three are related to the "kelp quota" case, but the case of this case is different from case two and case three, in case two and case three, there is no evidence that the process of changing employees was induced and helped by the post company. It is not against business ethics to intentionally induce or help the employee to violate the obligation to prohibit competition.
If you look at the wording of the judgment in case 2, does it mean that it is against business ethics if the company helps employees change jobs? At least in this case, the answer is no.
In this case, the company not only clearly knew that the three artists had exclusive contracts, but also took the initiative to hire lawyers for the three artists to help them terminate the contract while promising benefits.
But even then, the court still held that the post-corporate means were lawful and not unfair in the sense of anti-unfair competition law.
It can be seen that the judgment in this case has adopted a relatively more market-biased view, holding that the bottom line of legal protection should not be too high.
5.
Case 5: 【 (2020) E 01 Minjun No. 636 】 — — “Fast and Happy Movement ” v.“ Yo Ka Yo ” Case
In this case, "fast happy move" and "friends" are fitness service companies, the official once worked in the "fast happy move" office, responsible for the company's new store location in the Wuhan area, license management, customer development, etc.
Later, the official left, and created his own fitness brand "Yo Ka Yo", the gym was set up a few hundred meters from the original company, and in turn dug up the original company "fast happy movement" of a number of fitness coaches.
It is worth noting that the official and the original company "fast happy move" signed a competition ban agreement, but after leaving office, "fast happy move" did not pay compensation to the official.
The case went through first and second trials.
The court ruled that the use of other people's fitness coaches, in essence, is to directly seize the fruits of other people's competition - not only the high-quality fitness coach resources that enterprises spend a lot of human and financial resources, but also the customers that enterprises have accumulated through fierce competition and long-term management.
After reading the previous article of this article, "Caesar's to Caesar, God's to God - from the" anchor job-hopping "of the multi-case judgment < Anti-Unfair Competition Law > general provisions of the rules of adjudication evolution" readers may be impressed, the wording and views of the first trial judgment in this case are very similar to the wording and views in the case 1 introduced in the previous article, the result is naturally the same, all companies that implement poaching. Correctly snatched the fruits of talents cultivated by the original company, and the behavior constituted unfair competition.
In fact, the two cases came from the same court.
However, the first sentence was quashed in the second instance.
The Court of Second Instance held that:
For market subjects, the freedom of competition is the foundation, the maintenance of free competition can ensure the optimal allocation of resources and the maximum efficiency of the market, and only those acts that constitute unfair competition require the intervention of the anti-unfair competition law.
Therefore, when applying the general provisions of Article 2 of the Anti-Unfair Competition Law to regulate the market behavior of business entities, it is necessary to carefully delineate the legal boundary between unfair competition and freedom of competition to prevent excessive interference with freedom of competition;
In order to make its internal human resources optimization, fitness services and fitness products more competitive in the market, but also more attractive to consumers, recruit other companies and store fitness professors, this fierce competition is itself the embodiment of the fitness industry market free competition.
Second, the knowledge, experience and skills acquired and accumulated by laborers in the course of their work, except in the case of trade secrets belonging to the unit, constitute an integral part of their personality, and laborers have the freedom to use them independently after leaving their jobs.
As a fitness coach, the knowledge, experience and skills acquired by the former employees through learning, training and practice in the course of the work of the company, in addition to the situation of the business secrets of the company, is the reflection of their own ability accumulation, and belongs to the internalized personality component of the employees.
Therefore, it is their right and freedom to use the knowledge, experience and skills they have learned in the company to serve the competing company, and their normal work behavior in the company to provide fitness services meets the industry requirements; and
Although the job-hopping employees signed a competition restriction agreement with the original company, the effectiveness of the agreement is doubtful because the original company did not pay compensation.
In this case, the Court of Second Instance adopted the view that the knowledge, experience and skills accumulated by employees in the course of work constitute an integral part of personality except in the case of trade secrets of the unit, and that employees have the freedom to use this part in their future work.
IV. CONCLUSIONS AND RECOMMENDATIONS
In recent years, with the vigorous development of new industries and new formats and the intensification of "internal volume (competition)" in some industries, the market's desire for talent has gradually increased, and "people-oriented" enterprises have also seen more and more high-value employees.
At the same time, the legal awareness of various enterprises has gradually increased, and the unfair competition disputes between employers caused by the talent flow of such employees have naturally increased.
The five cases in this article, in addition to the typical case in the early years of the "kelp quota" case, are the final adjudication cases of various courts in the past three years, in these cases, the case is not the same, the adjudication process also has twists and turns, for example, some cases of first and second instance judgment results are different.
However, in the end, the court ruled that the employee's move to the new company or being poached into the new company did not constitute unfair competition.
This is not the result of a deliberate selection.
In the pure job-hopping disputes that do not involve the infringement of trade secrets, the trend of adjudication in recent years is indeed more inclined to protect the talent market of free competition.
It can be seen that in the case of the latter employer not using illegal means, but only promising benefits and even helping to cancel the contract, even if it is not very in line with the traditional virtue from the perspective of traditional morality, it will not be judged as violating business ethics and thus has the sense of "Anti-Unfair Competition Law".
For example, in many cases, from the perspective of traditional moral values, employees are trained by enterprises to accumulate skills, but in order to pay high wages and jump to competitors, the behavior of the original owner may not be in line with personal ethics, but in line with the so-called "economic man" choice.
In fact, if we change perspective, from the perspective of the entire market, the employee's job-hopping behavior is a fatal blow to the original owner, but the talent flow for the entire industry is conducive to breaking the monopoly pattern and promoting new good things.
On the one hand, when other laws such as the Civil Code, the Labor Contract Law and the Company Law can be applied to regulate the relationship between the two parties, or other provisions of the Anti-Unfair Competition Law, such as the provisions of Chapter II, can be applied. On the other hand, carefully define the height of business ethics, define business ethics from the perspective of all market participants, avoid looking at business ethics from the injured party, and distinguish it from "traditional virtue" and "personal morality" to prevent excessive interference in the free competition of the talent market, and create a relaxed legal environment for the flow of talents and free competition of operators.
After all, Article 1 of the Anti-Unfair Competition Law clearly states that the purpose of the law is not to stop competition, but on the contrary, to promote the healthy development of the socialist market economy and to encourage and protect fair competition.
In fact, the application of the general provisions of the Anti-Unfair Competition Law should uphold the principle of prudence and humility, which has become the consensus in judicial practice in recent years, even if this article and the previous case were revoked in the first instance judgment, it has also stated that the principle of prudence and humility should be upheld, but the specific application of time scales are different.
In such a legal environment, how should companies respond?
On the one hand, as an enterprise that hires high-value employees in important positions, if evaluated, the employee will bring unacceptable losses to the enterprise, then it is still necessary to sign a competition ban agreement with employees in a timely manner to avoid unacceptable losses at a certain predictable cost.
Although in the above case, the court will not judge unfair competition in the post-enterprise because of the existence of a competition prohibition agreement between the employee and the original enterprise, this does not mean that the economic loss of the original enterprise can not be compensated.
If a non-competition agreement is signed, and the original enterprise pays compensation according to the agreement after the employee leaves office (it is important to pay compensation on time, see Case 5), then the original enterprise can completely claim the employee who violated the agreement according to the non-competition agreement, so that on the one hand, the employee will not violate the non-competition agreement at will.
In the case of "kelp quota" introduced above, Ma, who has worked in Shandong Food Company for 20 years and has rich kelp export experience, once left can cause the loss of all kelp export quota of the company, but was not valued by the company, did not sign a trade ban agreement, making such employees jump without pressure. The lesson.
On the other hand, as an enterprise that wants to hire employees with work experience, the act of "poaching" by legitimate means is protected by law, whether it is aware of the existence of a non-competition agreement between the employee and the original enterprise, because the agreement is signed by the employee and the original enterprise, and has internal relativity, and cannot be bound as a third person in the company.
"Legitimate means" here refers to legal means, including regular promise of benefits (high wages), promise of development opportunities (jobs), pay for job hopping costs (help pay for breach of contract), etc. These are the normal conditions of market competition.
However, we should pay attention to avoiding the use of illegal means, such as threats, coercion of employees to leave their jobs, etc., and the use of illegal means to poach corners is obviously not in line with business ethics to disrupt the order of market competition, which will be regulated by Article 2 of the Anti-Unfair Competition Law.
In addition, in addition to the issue of Article 2 of the Anti-Unfair Competition Law discussed in this article, other possible legal risks should not be ignored when hiring employees, such as trade secrets and other intellectual property disputes caused by employee turnover.
If possible, we will continue to discuss these issues in subsequent articles.
The content of this article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances.

#### Historical Context
The term "Luddite" originates from the early 19th century when groups of English textile workers, fearing job displacement due to industrial machinery, destroyed such equipment.

This historical context provides a foundation for understanding contemporary resistance to technology, where the fear of job loss or obsolescence remains a significant concern.

#### Reasons for Resistance to New Technology in the 21st Century

1.

Title:

Content: Chairman of the Board of Directors and Editors
I'm sorry.
Mohamad Elbaz
Chairman of the Board of Directors and Editors
I'm sorry.
Mohamad Elbaz
Ministry of Information reviews the challenges faced by women in the e-commerce sector
The Information and Decision Support Center at the Council of Ministers issued new analyses highlighting the issue of digital gender equality in the field of e-commerce, ways and mechanisms to reduce this gap, in addition to reviewing the most prominent opportunities created by e-commerce for women and the challenges faced by women in the e-commerce sector.
The center added that e-commerce appeared with the spread of the Internet in the 1990s, and has grown very quickly since then with the advancement of technology and increased global economic integration, and despite the fact that the Coronavirus is a global pandemic that negatively affected many economic indicators and caused the stagnation of many economic sectors, but it is a positive point in the field of digitalization, and promote the growth of e-commerce in many economies.
He explained that e-commerce statistics have witnessed a remarkable development in recent years, but there is still a gender gap in e-commerce, as women still face large gaps in access to the Internet and mobile phones, which limits their ability to work in e-commerce fields or compete as entrepreneurs in this field.
Although the 2030 Agenda for Sustainable Development aims to promote the use of ICT for gender equality and women ’ s empowerment, there is still a digital gap for access to ICT between the sexes, as e-commerce is closely linked to Internet availability, affordability, and skills to use it, which has led to the emergence of a gender gap in e-commerce, especially in developing countries.
The gender gap in Internet use in developing countries is 13% (43% of men and only 30% of women), while it is only 1% in developed countries, according to data from the United Nations Conference on Trade and Development (UNCTAD 2023). Differences in skills, educational levels, entrepreneurial and location ability, as well as access to productive resources.
E-commerce has a positive impact on women ’ s livelihoods by supporting business growth and diversification, especially in the wake of the COVID-19 pandemic. E-commerce can help women-owned small businesses in developing countries reduce start-up capital. E-commerce platforms also provide a service ecosystem, including marketing tools, payment services, and logistics, which reduces barriers for women to enter markets, especially for small businesses, and helps overcome the challenges posed by last-mile delivery.
E-commerce is especially valuable for women who suffer from time constraints due to family tasks and unpaid care, making work from home appealing to women because it allows them to combine paid work with domestic responsibilities.
Digital solutions can eliminate the need for face-to-face interactions in order to make a transaction, helping women overcome mobility restrictions and discrimination, and reducing vulnerability to violence.
On the challenges faced by women in the e-commerce sector, the analysis showed that apart from the low levels of Internet access and use that can hinder women in pursuing e-commerce, women face other constraints including lack of access to finance, lack of knowledge of market requirements, e-payment options, limited business networks, and low entrepreneurial skills, which would make women ’ s e-commerce businesses smaller and less profitable than those run by men. Women's businesses insist on sectors with low value added.
Communication challenges and low level of digital literacy are also among the main barriers facing women that need to be addressed to ensure that women benefit from e-commerce; for example, it is estimated that only 24% of girls in Africa use the Internet compared to 35% of the male population.
The International Finance Corporation (IFC) estimates that the funding gap for women entrepreneurs in developing economies is about $1.7 trillion. Research on e-commerce also shows that more than 80% of women-owned businesses on Jumia in Kenya, Ivory Coast and Nigeria, for example, were small businesses, and the majority relied on personal savings to start their businesses rather than lending services. Women take to the platform to expand an existing business, and rely mostly on family and friends as a source of funding after a startup.
Despite the opportunities that e-commerce offers for women, women entrepreneurs are still less represented in the digital economy than men, and this gap translates into missed economic opportunities, as women could add more than $300 billion to e-commerce markets alone in Africa and Southeast Asia between 2025 and 2030.
The analysis of the Information and Decision Support Center explained the mechanisms to reduce the gender gap in e-commerce, pointing out that it is to promote equal access to the Internet, although we are surrounded by technology nowadays, and access to the Internet is easier than ever, the gender gap in the use of the Internet by males and females still exists, according to the latest report issued by UNCTAD 2023 entitled (E-COMMERCE FROM GA). Facilitating internet access for women is the first enabling step to encourage women to become part of the e-commerce industry, governments must take steps to improve digital connectivity, and make sure internet access is affordable. Governments should work with private sector partners to expand broadband coverage in underserved areas, promote policies that encourage increased competition in the telecommunications sector, and provide training and support to women. Governments and platform owners should support women with training to develop and update their technical skills.
As well as inspiring and encouraging women to showcase other top female entrepreneurs, so they can look for and be inspired by them, it also helps women overcome hesitation and start their ideas in e-commerce, and address barriers to female entrepreneurs, including limited access to resources, difficulties in accessing credit, and cultural barriers.
Empowering more women entrepreneurs and taking advantage of the growing digital economy, breaking down barriers and thriving in global markets, is critical to harnessing digital opportunities for sustainable development in developing countries, so that by investing in women ’ s participation in the digital economy, a more inclusive and equitable global economy will benefit everyone.

Title:

Content: Science and Technology
Technology: 5 Threats Small and Medium Enterprises May Face in 2023
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Tech News: 5 Threats Small and Medium Enterprises May Face in 2023
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Experts from the Russian research center Kaspersky analyzed the vulnerabilities that SMEs may have and identified some of the most serious digital threats that companies may face in 2023, which should be aware of, especially since 60% of all SMEs have been exposed to digital attacks over the course of 2022, according to statistics.
Companies may lose confidential information, financial resources and valuable market shares due to digital attacks, as the ways criminals attempt to reach their targets vary.
Companies consider cyber security incidents to be one of the most difficult crises.
The SME sector is one of the most important contributors to the global economy; according to the World Trade Organization, this sector represents more than 90% of all companies in the world.
1.
Data Leaks Due to Employees
There are different ways in which company data can be leaked, and this can happen unintentionally in certain cases.
Many employees working remotely during the pandemic used corporate computers for entertainment purposes, such as playing video games, watching movies or using e-learning platforms, which remains a threat that could involve financial losses for companies.
While the percentage of employees who did not experience remote work before 2020 was around 46%, two-thirds say they will not return to work from the office, while the rest say they have a shorter work week at the office, a sign that the remote model will not end.
While post-pandemic digital security and enterprise telecommuting have improved, entertainment-grade enterprise computers remain one of the most important primary access routes to corporate networks.
When users search for alternative sources to download episodes of a new TV series or movie, they encounter various types of malware, including trojans, spyware, backdoors and ad software.
According to statistics from the Russian Research Center, 35% of users who faced threats disguised as broadcast platforms were affected by trojans, which, if they could access an enterprise computer, could hack into the company ’ s network and steal sensitive information such as business development secrets and employee personal data.
There is a tendency, on the other hand, to blame former employees for possible data leaks: only half of the company leaders surveyed by the global organization expressed reassurance that former employees no longer have access to company data stored in cloud services or cannot use company accounts.
While former employees may not remember that they had access to certain resources, routine checks by regulators may reveal that people who are not authorized to access institutional resources actually have an access right, which can lead to fines for companies.
2.
DDoS attacks
Distributed network attacks are often referred to as “distributed denial of service attacks ” (DDoS).
This type of attack takes advantage of the capacity applied to any network resource, such as the infrastructure of a company ’ s website.
A DDoS attack sends multiple requests to the attacked web resource, in order to exceed the website ’ s capacity and ability to process multiple requests, thus preventing it from working properly.
Attackers choose different sources to launch attacks on institutions such as banks, media organizations and retail companies, all of which are heavily affected by DDoS attacks.
Cybercriminals recently targeted German food delivery service Takeaway.com (Lieferando.de), demanding payment of two bitcoins (about $11,000) to stop the massive flow of data on the service ’ s website.
DDoS attacks targeting online retailers also tend to rise during holiday seasons when shopping activity is high.
There ’ s also a growing trend towards targeting gaming companies: North America ’ s Final Fantasy 14 data centers were attacked in early August, causing players problems connecting, logging in, and sharing data.
Blizzard, Call of Duty, World of Warcraft, Overwatch, Hearthstone and Diablo: Immortal were also targeted by DDoS attacks.
Many DDoS attacks are not reported, as the amount of compensation companies pay to stop attacks is often not huge.
3.
Supply Chains
Being attacked through a supply chain usually means that the service or software used by the company has become malicious.
These are attacks that arrive through a company ’ s vendors or suppliers, such as financial institutions, logistics partners and even food delivery services.
Such procedures may differ in their complexity or capacity to destroy.
For example, attackers used ExPetr (also known as NotPetya) to hack into M.E.Doc ’ s automatic update system and force it to deliver the ransomware to all its customers, causing millions of losses to businesses large and small.
Other examples include CCleaner, one of the most popular systems registry cleaning software, widely used by home users and systems administrators.
At one point, the attackers hacked into the developer ’ s compilation environment, provided several versions with a back-port, distributed the hacked versions of the company ’ s official websites over the course of a month, downloaded 2.27 million times, and more than 1.65 million copies of the malware tried to connect to the criminals ’ servers.
Attention was also drawn to the DiceyF incidents, which took place in Southeast Asia, targeting an online casino operator and customer support platform, both of which were attacked in the style of The Ocean 11.
4.
Malware
If someone downloads files from unofficial sources, make sure they don ’ t cause any damage.
Encryption tools that track companies ’ data, money, and even the personal information of their owners have become a major threat.
More than a quarter of SMEs choose to use pirated or unlicensed software to cut costs, which may include some malicious or unwanted files that exploit corporate computers and networks.
Business owners should also be aware of access intermediaries, as such layers of groups will hurt SMEs in a variety of ways in 2023.
Illegal access brokers or clients include encryption software, banking password theft tools, ransomware, cookie theft tools and other malware.
Many examples include Emotet, which steals bank account credentials and targets institutions around the world.
DeathStalker is another group targeting SMEs in the legal, financial and travel sectors.
The group ’ s main objectives are to steal confidential information related to legal disputes involving senior officials and large financial assets, competitive business information, as well as insights into mergers and acquisitions.
5.
Social Engineering
Since the outbreak of the pandemic, many companies have moved much of their work online and learned to use new participatory tools.
Microsoft Office 365 has seen much increased usage, so it ’ s no surprise that phishing attempts targeting users ’ accounts have increased.
Fraudsters resort to various tricks to get corporate users to enter their passwords on a website that is designed to look like a Microsoft login page.
Kaspersky has revealed several new ways in which phishing scammers try to deceive business owners, some of which are very complex, by impersonating personal loan or delivery services via a fake website or sending emails with fake accounting documents.
Some attackers disguise themselves as official online platforms to make money from their victims, such as popular money transfer services, such as Wise Transfer.
Another risk the experts discovered was a link to a translated page using Google Translate.
The attackers use Google Translate to bypass digital security mechanisms, claiming that the attachment in the email is a type of payment document exclusively available to the recipient, which should be studied for “presentation and subsequent payments related to the contracting meeting, ” for example.
The link refers to a site that has been translated by Google Translate.
But it leads to a fictitious site launched by the attackers to steal money from their victims.
Cybercriminals will try to reach their victims using every possible means, through unlicensed software, phishing sites, emails, corporate network hacking, or even massive DDoS attacks.
But a survey showed that only 41% of SMEs have a crisis prevention plan, making it a good idea to pay attention to digital security and understand the challenges associated with addressing technical security incidents that will lead to reliable preventive measures.
Kaspersky recommends that companies take the following measures to protect against digital attacks:
Implement a strong password policy, requiring the use of a standard password of at least eight characters, including at least a number, a capital letter, a lowercase letter and a special code, taking care to change the passwords if there is any doubt that they have been hacked or leaked.
This approach can be implemented effortlessly, using a security solution that includes a comprehensive password management tool.
Do not ignore updates from software and hardware vendors, as they usually include patches for security vulnerabilities along with new features and enhancements to the user interface.
Maintain a high level of security awareness among employees, by encouraging them to recognize current threats and ways to protect their personal and professional lives and receive free courses in this field.
Organizing comprehensive and effective training programs for employees in collaboration with third parties is a good way to save time and effort on IT departments and ensure good results.
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This is what the International Book Fair in Abu Dhabi revealed this year.
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Content: Global Economic News
Challenges facing the countries of the world in the development of their technological and innovative infrastructure
The U.S. auto industry lost $300 billion due to a shortage of chips.
According to a report issued by the World Government Summit Foundation, the dissemination of advanced technology represents a major challenge to the efforts of the industry of the future and promote the global development process, as a result of the limited entities that lead the industry of advanced systems and their vital components, especially chips and semiconductors, which poses a challenge to the spread of knowledge and science and the speed of technology progress and delay the next phase of technological leaps.
The report, issued by the Summit Foundation in partnership with the Institute of Technological Innovation (TII), a global research institution specializing in advanced research and innovation in quantum computing, autonomous robotics and cryptography, provided a comprehensive overview of the challenges facing countries in developing their technological and innovative infrastructure to promote global growth.
The report, titled “Equitable Methodology to Unleash Device Innovation, ” said that certain companies operating in the market have become the near-sole source of chips and semiconductors, dominating entire sectors.
For example, most computers and data centers in the world rely on chips from the American companies "Intel" and AMD, while the chips operating mobile phones around the world are distributed to the companies "Apple" and "Qualcomm" American, "Samsung Korean" and "MediaTek" Taiwanese.
In contrast, the chips used in the graphic and artificial intelligence sectors are controlled by US NVIDIA, while US Cisco and Chinese Huawei share control of the operating chips that connect computer systems.
India, Malaysia and Singapore have made significant progress thanks to the advancement of science, technology and math education programs, close ties with the United States and the presence of low-cost local labor, and Intel and Qualcomm have made significant investments to create smart chip design centers, which helped launch digital economies in those countries and encouraged the growth of smaller startups that create new chip designs....
Mohammed Yousef Al Sharhan, Deputy Director of the World Government Summit Foundation, said that the Foundation seeks to ensure continuity in development and enhance the reliance of governments on modern technology to facilitate the lives of communities and improve systems for the benefit of people, making it one of the most important centers of global knowledge and exchange of experiences.
He pointed out that the report, which was launched in partnership with the Institute of Technological Innovation, constitutes a new step in enhancing the work of governments in the technological sectors, and the development of research and production plans in this vital sector, thus contributing to building a sustainable future.
Dr. Shrikant / Tiki / Takar, Senior Researcher at the Institute of Technology Innovation ’ s Secure Systems Research Center, one of the main contributors to the report “The Equality Approach Needed to Unleash Device Innovation ”, said:“ The tech leadership monopoly is almost over. ”
“Today, to ensure that everyone benefits from technology, we need to break this glass ceiling for the silicon industry and put the technology within reach of emerging countries around the world.
“Open systems can help these countries overcome the challenges and become as technologically advanced as their more advanced counterparts, and reap the benefits of this progress. ”
The report pointed out that the design and production of semiconductors since 1995 has contributed about four to five trillion dollars of the world's gross product, and its indirect contribution has reached 15 trillion dollars, while the annual direct revenues of the chip industry exceeded 600 billion dollars, with a growth rate of more than 29% annually.
The report pointed to the urgent need to adopt a new global approach of technological equality to unleash the process of innovation of electronic devices, especially as this type of innovation will be the mainstay of the new global wave of economic development, but it depends mainly on innovative silicon chips and the design of digital systems.
The dominance of certain countries and companies in this sector has left other countries, including some of the most advanced countries in Europe, struggling to catch up with the technological innovation of silicon wafers, he said.
He stressed that the challenges are not limited to countries, but also include giant companies, as it is estimated that car manufacturers in the United States lost about $300 billion in sales due to the shortage of chips 2021, while companies such as Tesla, which controlled their sources of technology, managed to avoid this shortage.
The report reviewed the challenges posed by this reality on more than one level, which countries face to build the local talent required to participate in the next wave of innovation, as well as the worsening brain drain, noting that humanity will benefit from an equal approach in hardware innovation and enable everyone to participate in the innovation process, which will promote development, maximize the benefits of open source software, data and hardware, enable "business miracles" in the developing world, and ensure greater transparency of practices. and provide better educational opportunities for students around the world.
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Content: Discussion on Equity Incentive Series Disputes and Suggestions for Related Disputes - Part II
AB
AnJie Broad Law Firm
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AnJie Law Firm is a full - service law firm providing commercial legal services on an international basis.
Our highly experienced lawyers have substantial skills and serve a broad base of practice areas including insurance & insurance, intellectual property, antitrust & competition, private equity, dispute resolution, mergers & acquisitions, capital markets, banking &; finance, energy and natural resources and real estate.
In the previous article in this series, we focused on the two types of disputes that are attributed to labor disputes or ordinary civil disputes in the current judicial practice.
China Employment and HR
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Introduction
In this series of articles, we focus on the current judicial practice due to the existence of two types of disputes attributed to labor disputes or ordinary civil disputes, so as to deal with specific disputes in the trial procedures, jurisdiction, application of the law, burden of proof allocation, trial caliber, etc. And...
In general, the cause, purpose, realization conditions, unlocking conditions and legal nature of employees' access to restricted shares are the main factors that distinguish the two types of disputes, and if the employee's access to equity incentives has the typical characteristics of labor relations that workers accept management, restraint and incentives by the employer, it is more inclined to belong to the category of labor disputes.
On the contrary, if the income obtained by employees through equity incentives is compared with labor remuneration, whether it is in bargaining power, the amount of incentives or the way of obtaining them, the relevant disputes are more likely to be recognized as civil and commercial disputes between equal subjects.
The Supreme People 's Court' s Interpretation on the Applicable Law in Labor Dispute Cases (2) (Draft for Solicitation of Comments) issued by the Supreme People 's Court on December 12, 2023 stipulates in Article 1: "[Acceptance of Equity Incentive Disputes] In the future, the qualitative problem of such disputes will have a clear basic guiding role.
According to the types of disputes contacted and handled, the author focuses on the relationship between jurisdiction, the application of law, the relationship between equity incentives and competition restrictions, and the handling of equity incentives when the labor contract is terminated. Involved in tax disputes and other common high-frequency equity incentive dispute categories are discussed.
III. Main types of disputes in equity incentive disputes
(i) Effect of Jurisdictional Clauses
If the dispute is based on the performance of specific terms of the equity incentive agreement, the judicial organs will generally determine that it is a contract dispute, then the relevant legal provisions of the contract dispute concerning the jurisdiction court shall apply. The value of the claim shall be determined in accordance with the jurisdictional provisions of the corresponding cause.
Specifically:
1. Jurisdiction as a labour contract dispute
Labor contract disputes do not apply to the agreed jurisdiction, but must apply the rules of jurisdiction of labor dispute cases.
This is not only because labor disputes have obvious personal attributes, and the scope of the agreement in the Civil Procedure Law is clearly different from that of "parties to disputes over contracts or other property rights and interests"; it is also because if labor disputes can be agreed to jurisdiction, it is very likely that in practice, the employer will exclude the right of the laborer to choose the court of jurisdiction by stipulating jurisdiction in the labor contract.
According to the Law on Mediation and Arbitration of Labor Disputes, if the place where the labor contract is performed or the place where the employer is located has jurisdiction, the arbitration stage may be given priority to the jurisdiction of the basic people's court at the place where the labor contract is performed.
If one of the parties is not satisfied with the outcome of the arbitration, he may bring a suit in the basic people's court where the arbitration commission is
2. Jurisdiction as a Contract Dispute
(1) Jurisdiction may be agreed
[1] Choice of Mainland Court Jurisdiction
According to Article 35 of the Civil Procedure Law, parties to disputes over contracts or other property rights and interests may, by written agreement, choose the jurisdiction of the people's court of the place where the defendant resides, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff resides, and the place where the subject matter is actually connected with the dispute.
In view of the fact that the tendency of courts in different parts of China to adjudicate disputes on equity incentive has not yet been unified, the prosecution can choose the court of the place where the dispute has actual connection with the dispute to agree on jurisdiction.
[2] Jurisdiction of foreign courts may be agreed
According to Article 529 [1] of the Interpretation of the Civil Procedure Law (2022 Amendment), foreign-related contracts may choose in writing the jurisdiction of foreign courts where the defendant ’ s domicile, the place of performance of the contract, the place of conclusion of the contract, the place of the plaintiff ’ s domicile, the place of the subject matter, the place of infringement, etc.
Because equity incentive disputes do not belong to the exclusive jurisdiction of the court, the parties may agree to be governed by an overseas court with which the dispute has an actual connection, and in the case of such agreement, the Chinese court shall not accept such disputes.
If the agreed foreign court is the court with no actual contact place with the case, then the agreed jurisdiction clause is generally difficult to get the support of Chinese judicial organs.
(2) No court of jurisdiction
According to Article 23 of the Civil Procedure Law, litigation arising out of contract disputes shall be under the jurisdiction of the people's court at the defendant's domicile or the place where the contract is performed.
Article 18 (2) of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China further stipulates that the place of performance of the contract is not agreed or is not clear.
If the contract is settled immediately, the transaction act shall be the place of performance of the contract.
Regarding the determination of the place of execution of the equity incentive contract, the final judgment of the Beijing Minzhu No. 6 (2021) holds that when the transferee of equity is the plaintiff, the purpose of the equity transfer lawsuit is to transfer the ownership of equity, so the obligation to deliver equity is the specific obligation of the equity transfer contract, and the party that has the obligation to deliver equity is the place of the contract.
3. Jurisdiction as Other Disputes
(1) Jurisdiction may be agreed
At this time, as with the jurisdictional rules defined as contract disputes, the parties may exercise jurisdiction according to the people's court of the place where the defendant's domicile, the place of performance of the contract, the place where the contract was signed, the place where the plaintiff's domicile, the location of the subject matter, etc., has an actual connection with the dispute.
(2) No court of jurisdiction
Article 27 of the Civil Procedure Law stipulates that “lawsuits brought in disputes concerning the establishment of a company, the recognition of the qualifications of shareholders, the distribution of profits, and the dissolution of the company shall be under the jurisdiction of the people ’ s court in the place where the company resides ”.
Article 22 of the Civil Procedure Law stipulates that "litigation brought due to disputes such as the registration of shareholders, the request for change of company registration, the right of shareholders to know, the company resolution, the company merger, the company division, the company's capital reduction, and the company's capital increase shall be determined according to the provisions of Article 27 of the Civil Procedure Law." It is a lawsuit for distribution of profits filed by employees after they have acquired equity, etc., and such cases are subject to the jurisdiction of the people's court in the company's domicile.
(2) Applicable law
The law applicable to the adjudication of equity incentive disputes is also different due to different types of cases: in the case of contracts and companies, the adjudicator often applies only the general civil law, not the labor law; and in the case of labor dispute, the adjudicator often only applies the labor law, excluding the application of the general civil law.
1. As a contract dispute, it is allowed to apply foreign law to jurisdiction
For foreign-related commercial disputes, according to Article 41 of the Law on the Application of the Law on Foreign-related Civil Relations, "the parties may choose the law applicable to the contract by agreement."
If the parties have not chosen, the law of the habitual residence of the party whose performance best embodies the characteristics of the contract or other law most closely related to the contract shall apply. "
Therefore, the two sides can negotiate and choose to apply Chinese law or foreign law.
Employment contract disputes shall not be subject to foreign law
According to Article 4 [3] of the Law on the Application of the Law on Foreign-related Civil Relations and Article 8 (1) [4] of the Judicial Interpretation of the Law on the Application of the Law on Foreign-related Civil Relations, disputes involving the protection of workers' rights and interests shall be directly applicable to mandatory provisions under Chinese law, and the parties cannot be excluded by agreement.
In such cases, although the parties agree to apply foreign laws, the court may impose Chinese laws on the protection of workers' rights and interests in the case.
For example, in case No. 33956 of the People ’ s Republic of China (2018), although it was agreed in the equity incentive plan signed by the laborer and the employer that the notice, plan and entire agreement of the equity incentive agreement should be interpreted and governed by the laws of California, and the agreement also explicitly excluded the application of laws outside the laws of California.
However, the court still held that the option dispute in this case involves the protection of workers' rights and interests, and belongs to the situation where the law of the People's Republic of China has mandatory provisions on foreign-related civil relations, and should be directly applied to the Chinese law by using the mandatory provisions.
(3) Disputes related to equity incentives and competition restrictions
As the author emphasized in the last part of the series of articles, because the current practice of equity incentive disputes is basically based on the labor relationship between the incentive subject and the incentive object or the equity incentive agreement signed by the two parties, so although the legal relationship of equity incentive is different from the labor contract relationship, there is a close relationship between the two.
For example, in the relevant equity agreements and incentive plans, it is often explicitly agreed that employees will assume specific responsibilities under the labor contract, complete certain performance goals, and fulfill certain service periods as conditions for constituting the right to exercise equity.
In this regard, whether from the angle of labor contract relationship or from the angle of ordinary contract, it can be understood as a kind of consideration for employees to obtain equity incentive.
However, compared with the agreement on the right to travel conditions, some equity plans, the employee after leaving the competition [5] obligation is also agreed to be one of the conditions for the employee to obtain the right to exercise, that is, if the employee violates the obligation of competition, shall bear the corresponding breach of contract, one of the consequences is to lose the right to exercise.
In such disputes, it is usually the former employee who acts as the plaintiff to sue the company to confirm the validity of his right of action and then confirm the equity corresponding to the right of the company, and the company as the respondent to the previous employee violates the relevant agreement on the restriction of competition and thus refuses the exercise of the right of the former employee or negates the equity interest that he has obtained.
For such disputes, whether it is characterized as labor disputes or ordinary contract disputes, the key is whether the company as the operating entity and the employees who have a certain degree of understanding and benefit from the equity incentive plan have a clear agreement on the adverse consequences of the restriction obligation on the equity incentive exercise rights and whether they are willing to accept the agreement.
If it is clearly agreed that the employee ’ s obligation to limit competition and the adverse consequences of violating this obligation on the exercise of the right of stock incentive, if the employee who has not yet exercised the right of rights is disqualified, the company that has exercised the right can cancel or negate the rights that have been exercised and taken effect before, then if the employee does have a breach of the right, the adverse consequences arising therefrom shall be borne in the corresponding dispute.
If the company refuses the employee ’ s right to exercise or denies the employee ’ s right to exercise the right to exercise the right of equity incentive benefits, it should be supported by the court. (2020) The court adopted this attitude in the judgment of Zhejiang 01 Minjun No. 676. The influence of incentive, even if there is a restriction of competition after the worker leaves the employment, does not necessarily lead to the loss of the right to exercise or the right already exercised can be denied.
That is, if the behavior of competition restriction is to have adverse consequences on the employee's equity incentive, there must be clear contractual agreement or legal provisions.
(4) Treatment of equity incentive upon termination of labor contract
In practice, the employer from the conclusion of the equity incentive agreement with the employee to the completion of the exercise of power, often experience not short time, and in the current common use of the equity incentive plan in the enterprise is more accompanied by the enterprise financing listing plan.
During this period, the termination of the labor relationship between the employee and the employer is common.
After the termination of the labor contract, what kind of situation is the employee's stock incentive plan, and whether it can be exchanged in advance (also known as accelerated exercise of power)?
The main disputes and judicial practice on this issue are as follows:
1, the employee leaving and the equity incentive plan clearly agreed upon the handling of the situation when leaving
(1) If it is expressly stipulated in the equity incentive plan or agreement that the employee ’ s rights must be exercised on the premise that there is a labor relationship between the two parties, or the employee ’ s rights should be transferred after leaving the company (or repurchased by the company ’ s designated party), the court will generally support it [6].
This reflects whether equity incentive disputes are characterized as labor disputes and thus respect the typical labor relationship characteristics of employees' subordination to the management of the employer and remuneration through labor, or equity incentive disputes as two equal subjects in general civil and commercial disputes are free agreement on the consideration of equity options.
(2) If it is expressly agreed in the equity incentive plan or agreement, or if the employer clearly tells the employee at the time of termination of the labor contract that the employee's equity option rights shall be exercised within a period of time after the termination of employment, but the worker does not exercise the rights within that period, and the worker requests to exercise the rights after the expiration of the term, the court will generally not support.
However, in practice, there are also courts to further examine the specific reasons for the overdue right of the incentive object, such as the overdue right can not be attributed to the employee, or even the employer is at fault, the incentive object does not naturally lose power, but also specifically consider the rationality of the agreed deadline and the way, whether the incentive object is timely and effectively notified, whether it is obviously beyond the ability of the incentive object to exercise power and other factors.
It also provides a great deal of room for debate.
2, the enterprise illegally rescinded the labor contract, whether the employee can request the option loss compensation
Point one:
If an employee fails to exercise his or her rights in accordance with the provisions of the relevant agreement, the company ’ s actions may be regarded by the court as deliberately obstructing the achievement of the employee ’ s incentive stock realization condition, or as violating the principle of good faith.
Point two:
Equity incentives are produced by adhering to labor relations, and shall enjoy rights and assume obligations in accordance with the provisions of labor laws and regulations and the provisions of labor contracts; the corresponding obligations of employees to obtain and maintain incentive equity are to provide labor to the unit, and employees still hold incentive equity after they request separation and fully fulfill the purpose of labor contracts.
That is, employees should not be entitled to corresponding rights in cases where they do not provide labour or services.
(5) Tax payment of equity incentives
The tax issue of equity incentive is also a common concern of employers and workers in a series of disputes over equity incentive, mainly divided into how to pay corporate income tax for enterprises that implement equity incentive, and how to pay personal income tax when employees obtain equity incentive and subsequent transfer of equity.
Take stock options as an example:
1. Calculation of personal income tax
For employees who receive equity incentives, there are two stages of tax payment.
In the first stage, according to the Ministry of Finance and the State Administration of Taxation, the notice on the collection of personal income tax on income from individual stock options (fiscal tax [2005] No. 35), employees' exercise of power income is due to the performance and performance of employees in the enterprise and income related to employment, and personal income tax shall be calculated according to the applicable provisions on wages and salaries.
In exercising their rights, employees shall pay personal income tax according to the difference between the purchase price (grant price) of the company stock and the stock price (market price) of the company on the date of exercising their rights, and shall pay personal income tax according to the applicable provisions of "salary and salary income".
In the second stage, when the employee retransfers the stock after the exercise of the right, the personal income tax shall be calculated according to the exemption provisions applicable to the "income from the transfer of property", based on the difference between the transfer price and the market price on the date of the exercise of the right.
In practice, for stocks that have not yet been publicly listed, it is not easy to determine a market transaction price that can be accepted by all parties, so the two parties to the equity incentive often dispute the price, and then the amount of personal income tax can not be agreed, which affects the timely exercise of power in accordance with the agreed period.
Calculation of Corporate Income Tax [7]
The company may calculate the relevant cost of the equity incentive on the date of exercise of power, that is, the date on which the employee actually exercises power, according to the following formula: salary and salary expenses = (market price on the date of exercise of power of the company's stock - grant price) × the number of shares actually exercising power, which is deducted before tax in accordance with the provisions of the tax law.
As the withholding agent of personal income tax, the enterprise should reasonably account for the tax and explain the object of the incentive in the exercise of power.
However, it should be made clear that the tax legal relationship is a specific right and obligation relationship between the state, tax collection and management organs and taxpayers in the process of tax collection and management according to the regulations of the tax law. The department is approved.
Even if the preliminary calculation and the tax declaration on behalf of the accuracy of the tax can be more or less reimbursed when the actual tax payment is made, if the parties still have objections to the amount of tax after the tax administration department actually collects the tax, they can also apply to the tax authority through administrative procedures for refund.
If the enterprise has made a reasonable explanation for the calculation amount of personal income tax, the object of the incentive has not determined that the personal income tax calculated by the enterprise exceeds the legal standard through the approval procedure of the tax administrative organ, and if the right is overdue on this ground, it shall constitute a breach of contract and shall be deemed to have lost the equity incentive rights in accordance with the contract.
IV. Legal advice
Modern equity incentive plan is a relatively complex and requires the cooperation of internal (management, human resources, legal departments) and external (legal, accounting and other professional organizations) departments. In the process, the internal personnel responsible for each link in the company are omitted or not connected in time to cause disputes.
In combination with our personal involvement in these types of disputes and case studies, we summarize some common and specific recommendations for dealing with these types of disputes:
(1) Attaching importance to the arrangement of equity incentive plans and related agreements
Although the intention of most enterprises in the formulation of equity incentive plans is to hope that the company and employees of both sides of the income, but still need to face in the future if there is a dispute with employees over the exercise of equity incentive in the future, especially as a company that occupies the absolute initiative in the formulation stage of equity incentive plans, it should pay attention to the formulation, implementation and management of the agreement text, including:
1.
In addition to the provisions on incentive matters at the corporate governance level (such as the articles of association, shareholders' meeting / board resolution), the version of the equity incentive agreement and the fixed power agreement should be signed separately with the object of the incentive, rather than generally stipulated in the labor contract or even in the employee manual.
As far as possible, equity incentive scheme should be distinguished from the nature of labor remuneration as an incentive mechanism for employees to participate voluntarily.
In addition, in the specific implementation of the plan, it is necessary to ensure timely and comprehensive explanation and communication with the incentive object, and obtain written confirmation of the incentive object to participate in the equity incentive plan.
2.
In the equity incentive plan and agreement, pay attention to clearly stipulate the conditions of the incentive object, the conditions of the option grant, the service period, the special agreement of accelerating the exercise of power and the mechanism of withdrawal.
For example, the types of disputes in equity incentive disputes discussed in the text, the status and conditions of employees' exercise of power, and the manner in which the options corresponding to employees should be withdrawn when they leave office are typical of such disputes.
While the arrangements of the agreement may not completely exclude such disputes, the utmost detail and clarity of the agreement is essential in order to obtain the initiative in any subsequent dispute that may arise.
3.
The choice of awarding equity subjects needs to be careful.
For some enterprises that intend to list overseas, such as choosing offshore financing platforms or instruments (such as trusts) as the subject of the option award, it is necessary to pay attention to the legal feasibility of the country where the grant subject is located for the grant of equity incentives with the interests of the main assets in China; and whether the effective legal instruments made by the domestic courts or arbitration institutions on the dispute can be smoothly recognized and enforced in that place.
4.
It is recommended to set up or authorize a special team to be responsible for the implementation process of equity incentive, and do a good job in the whole process of signing, granting, exercising, and repo matters related to the specific object of the incentive in writing and archiving, so that when there is a change of position within the company, the company will not be in a vacuum of the implementation of the previous equity incentive plan.
Conditional, you can also choose qualified third-party institutions as equity incentives to implement the supplier, to ensure the professionalism of the whole process management.
(2) Proposals when a company initiates a party to litigation (arbitration)
In equity incentive disputes, if the company acts as a party to the initiative, most of the company believes that the employee has violated the prior agreement with the company, so as to cancel the labor contract with the employee at the same time that the option / equity has been granted to the employee to be returned, or in the case of the employee who has left the company in violation of the competition restriction obligation.
Where there is a clear agreement on the employee ’ s liability for breach of contract, the service period and the corresponding rights and interests are directly related, it can be directly used as the basis of the claim, and the employee ’ s prior written confirmation of the aforementioned agreement.
If there is no such clear agreement or agreement is unclear, it is easy to argue the reasonableness of the return option / equity in terms of the severity of the employee's breach of contract and the actual losses caused to the company, but it is difficult to find a solution to reduce the company's losses as much as possible.
(3) When the company is a party to the suit
(former) employees as plaintiffs, it is more common to sue the company to require the company to confirm the fact of its exercise of power, confirm the identity of its shareholders, and require the company to pay the distributive profit corresponding to the equity rights that have been exercised.
As a prosecutor, employees can technically adopt more favorable litigation ideas, such as choosing the jurisdiction court that is more inclined to determine that the equity incentive belongs to the labor dispute, and suing in the name of the labor dispute to exclude the jurisdiction of the agreement or the application of the law.
As the respondent, the company first suggests that it should actively respond to the lawsuit, and from the specific circumstances of the prosecution case and the dispute to the receiving court as far as possible, such disputes should be characterized as civil and commercial disputes, so as to strive for flexibility in the jurisdiction of the court and the application of law.
Second, further sorting out and sorting out the terms and conditions that are beneficial to the company in the agreement signed with the prosecution, especially when it involves the application of some foreign laws or the design of special terms, providing support and expert opinions in other similar cases, and demonstrating its reasonableness.
Third, employees may have had multiple rounds of written or oral communication with the company before the lawsuit, and it should be noted that the previous communication can be fixed as evidence for the subsequent dispute resolution process.
The various types of equity incentive disputes mentioned and discussed in the next two articles of this article can only represent the more typical and high-frequency parts of the current practice of such disputes, the complexity of the actual disputes and the negotiation, negotiation and even reconciliation process of enterprises and employees in the process of various considerations, often bring us more thinking, so as to continuously improve the level and implementation quality of the pre-litigation equity incentive plan.
At the same time, the inconsistency of judicial views and levels in various regions in judicial practice is also worthy of the continued attention and participation of legal professionals in this field, contributing more high-quality dispute resolution ideas and programs.
Annotation
[1] Article 529 of the Interpretation of the Civil Procedure Law (2022 Amendment): The parties to a foreign contract or other property rights dispute may, by written agreement, choose the jurisdiction of the foreign court where the defendant resides, the contract is performed, the contract is signed, the plaintiff residences, the location of the subject matter, the place of infringement, and other places of actual contact with the dispute.
According to the provisions of Article 34 and Article 273 of the Civil Procedure Law, in cases that fall under the exclusive jurisdiction of the courts of the People's Republic of China, the parties may not choose the jurisdiction of foreign courts by agreement, except in cases where arbitration is chosen by agreement.
[2] According to articles 34 and 273 of the Code of Civil Procedure, the types of cases under the exclusive jurisdiction of the courts are: real estate disputes, port operations disputes, inheritance disputes.
[3] Article 4 of the Law on the Application of the Law on Foreign-related Civil Relations: Where the law of the People's Republic of China has mandatory provisions on foreign-related civil relations, the mandatory provisions shall apply directly.
[4] Article 8 of the Judicial Interpretation of the Law Applicable to Foreign-related Civil Relations (I): In any of the following circumstances, the provisions of laws and administrative regulations involving the social and public interests of the People's Republic of China, which cannot be excluded by agreement, and which are directly applicable to foreign-related civil relations without the guidance of conflict norms, the people's court shall determine that the provisions of Article 4 of the Law Applicable to Foreign-related Civil Relations Public health security; (3) involving environmental security; (4) involving financial security such as foreign exchange control; (5) involving antitrust and anti-dumping; and (6) other circumstances that should be recognized as mandatory provisions.
[5] The obligation to limit competition of employees is often stated in similar terms: "Except with the written consent of the Company, the incentive shall not be in any way directly or indirectly invested in the same, similar or otherwise competitive business or product of the Company for a period of two years after the termination of employment, in any way directly or indirectly, in the same, similar or constituting any competitive business or product of the Company." holding any position or providing services in an economic organization or in an economic entity or institution referred to above... "
[6] such as (2017) Su 05 Minzhu 5673 judgment, Chen Yufeng and Lucheng Bank signed the employee stock ownership agreement and supplementary agreement are two aspects of the true meaning of the expression, legal and valid.
The agreement stipulates that if Chen Yufeng and Lucheng Bank cancel the labor contract, Chen Yufeng shall transfer the equity held by Chen Yufeng to other employees of Lucheng Bank or by Lucheng Bank to decide whether to buy back, because Chen Yufeng has terminated the labor contract with Lucheng Bank, so Chen Yufeng's shares should be withdrawn.
[7] Announcement of the State Administration of Taxation on the Treatment of Enterprise Income Tax in the Implementation of Equity Incentive Schemes for Resident Enterprises in China (Announcement of the State Administration of Taxation No. 18, 2012)
According to the relevant provisions of China's enterprise accounting standards, when the stock incentive plan is granted to the target, the cost or expense of the relevant year of the listed company is calculated according to the fair price and quantity of the stock, and the value of the service provided by the target in exchange for the incentive.
The treatment of the enterprise income tax of the employee equity incentive plan established by the above-mentioned enterprises shall be carried out in accordance with the following provisions:
(1) Where the right can be exercised immediately after the implementation of the equity incentive plan, the listed company may calculate and determine the wage and salary expenses of the listed company in the current year according to the difference and quantity between the fair price of the stock and the price paid by the object of the incentive at the time of actual exercise of the right, and deduct them before tax in accordance with the provisions of the tax law.
(B) after the implementation of the equity incentive plan, it is necessary to wait for a certain period of service or to meet the specified performance conditions (hereinafter referred to as the waiting period) before exercising rights.
The relevant costs and expenses recognized in the accounting of listed companies during the waiting period shall not be deducted when calculating and paying enterprise income tax in the corresponding year.
After the equity incentive plan is feasible, the listed company can calculate and determine the salary expenses of the listed company in the current year according to the difference and quantity of the fair price at the time of the actual exercise of the right of the stock and the actual exercise of the right to pay the price in the current year, and deduct the tax according to the provisions of the tax law.
(3) The fair price at the time of actual exercise of the right of shares referred to in this Article shall be determined by the closing price of the shares on the actual exercise date.
Where resident enterprises and non-listed companies listed outside China establish employee equity incentive plans in accordance with the provisions of the Administrative Measures, and in the accounting treatment of enterprises, they are also dealt with in accordance with the relevant provisions of China's accounting standards, and their equity incentive plans may be dealt with in accordance with the above provisions.
The content of this article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances.
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