Direct answer

Treat resignation as a secrets event: freeze access, recover devices, and decide non-compete pay the same week.

Leavers keep relationships, WeChat groups and muscle memory. They also sometimes keep USB copies. A confidentiality duty continues, but it does not forbid working for a competitor. A non-compete can, if the person is in the statutory class and you pay compensation. AUCL still requires the three limbs plus taking or use. Exit certificates, token revocation, and a hold on CRM exports should be routine, not a special investigation. Employee-theft and non-compete pages sit beside this operational timeline.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

What could they still access today?

VPN, git, CRM, WeCom, badge, personal forwards.

Access
02

Do you need a job restriction or only a secrets duty?

Pay a non-compete or accept that they may join a rival.

Tool
03

Was there a download after notice?

That timing is the usual theft exhibit.

Taking
04

Who is the new employer?

A rival in the same niche changes urgency.

Dest

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Access after last day
Are tokens still live?
That is an own-goal measures failure and a taking path.
Unpaid non-compete
Did you want a job ban without monthly pay?
The restriction will not hold.
No exit certificate
Did devices and customer lists come back?
You will argue possession without a paper trail.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Exit checklistLast day, accounts closed, devices, reminders.
02Access logs around noticeDownloads in the resignation window.
03DutiesConfidentiality, non-compete, compensation payments.
04New-role evidenceCompetitor identity and overlapping products or accounts.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Can we block them from joining a competitor with confidentiality only?

Generally no. Confidentiality stops use of information. A paid non-compete stops certain jobs. Do not mix the clauses.

Is every leaver a theft case?

No. Most are not. Investigate when logs, devices or a twin product appear — not because someone resigned.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

National laws database (NPC)
Anti-Unfair Competition Law (gov.cn)
Supreme People’s Court
PRC Labor Contract Law (gov.cn)