Labor Standards Act Article 9-1

An employer shall not make an after-resignation business strife limitation agreement with an employee unless the following requirements have been met:1. The employer has proper business interests that require being protected.2. The position or job of the employee entitles him or her to have access to or be able to use the employer’s trade secrets.3. The period, area, scope of occupational activities and prospective employers with respect to the business strife limitation shall not exceed a reasonable range.4. The employer shall reasonably compensate the employee concerned who does not engage in business strife activities for the losses incurred by him or her.The reasonable compensation referred to in Subparagraph 4 of the preceding Paragraph shall not include the remuneration received by the employee during employment.Any agreement in violation of any of the provisions of Paragraph 1 shall be null and void.The period of business strife limitation shall not exceed a maximum up to two years. If such a period is more than two years, then it shall be shortened to two years.
中文原文 勞動基準法第9-1條
未符合下列規定者,雇主不得與勞工為離職後競業禁止之約定:
一、雇主有應受保護之正當營業利益。
二、勞工擔任之職位或職務,能接觸或使用雇主之營業秘密。
三、競業禁止之期間、區域、職業活動之範圍及就業對象,未逾合理範疇。
四、雇主對勞工因不從事競業行為所受損失有合理補償。
前項第四款所定合理補償,不包括勞工於工作期間所受領之給付。
違反第一項各款規定之一者,其約定無效。
離職後競業禁止之期間,最長不得逾二年。
逾二年者,縮短為二年。

English translation for reference only; the Chinese text prevails. Not legal advice.