According to Taiwan media reports, Xue, the former manager of the Procurement Office of TSMC, the leader in wafer , was named as the former manager of TSMC Procurement Office. Five months after resigning, he went to Yangtze Memory , a subsidiary of China Unigroup, as vice president of procurement and Wuhan Xinxin, and was charged with violating the prohibition of competition. Taiwan High Court The second instance judgment was released today (20) today. Xue Man must compensate TSMC 2.5 million NT$2 (same below).
TSMC filed a lawsuit, pointing out that Mr. Xue has joined the company in 1999 and was promoted to the manager of the procurement office in July 2011, and has been exposed to many business secrets and commercial secrets. includes the raw material specifications, costs, quantities of TSMC and its suppliers, as well as the information contained in the order contract, and even knows the production schedule, production capacity and the construction plan of the new factory.
During his tenure at TSMC, Xue Nan signed a prohibition clause. agreed that within 18 months after resigning, he would not be subject to competitors who were employed in semiconductor wafer manufacturing and other related services, nor could he provide services to competitors in any form .
In May 2016, Xue Nan resigned in July of the same year because she was hospitalized by a manufacturer and violated the ethics of her work. After negotiation, she resigned in July of the same year. TSMC gave Xue Nan a special compensation of more than 1.17 million yuan . However, in December of that year, Xue went to Changjiang Storage and Wuhan Xinxin, a subsidiary of China Unigroup Group, as vice president of procurement.
TSMC believes that Xue Man violated the prohibition of competition clause and must compensate for all payments received from the company within 24 months before leaving the company, with a total compensation of 15.57 million yuan.
Taoyuan Prefecture Court ruled in the first instance that Mr. Xue must compensate 2.5 million yuan (including the return of compensation). After appeal, the case was heard, the second instance High Court believed that the 18-month restriction was not long, and it was not a restriction without objects. The compensation should be reasonable. The agreement between the two parties was legal and valid. Xinxin is indeed a competitor of TSMC. Therefore, the company may request the return of the ban on competing compensation during his tenure in Xinxin.
liquidated damages, High Court believes that the proportion of the total payment received in the 24 months before resigning is too high. Since Xue's default period is less than one year, it is reduced. After comprehensive calculations, it is determined that the amount of compensation for the first instance is correct. Xue's total compensation of TSMC is required to compensate TSMC for a total of 2.5 million yuan.
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