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Legally Supported Bullying? Legal Consciousness on Noncompete Agreements in China

  • Longxuan Zhao
  • , Yang Chen*
  • *Corresponding author for this work

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

There are growing scandals involving Chinese companies abusing noncompete agreements (noncompetes). Using legal consciousness as the research framework, this article empirically explores employees’ perceptions, interactions, and experiences with noncompetes. Drawing on 20 semistructured interviews and 344 supplementary screenshots of online discussions, this study identifies complex and intertwined forms of legal consciousness across three moments: signing, considering job hopping, and confronting activated noncompetes. Employees may exhibit a “before the law” consciousness by endorsing the theoretical reasonableness of noncompetes but simultaneously express a strong “under the law” consciousness in response to their overreach. Legally literate employees mobilize a “with the law” consciousness to seek remedies, while senior employees leverage resources in an “against the law” consciousness to evade enforcement. More commonly, employees develop voluntary or involuntary legal alienation, refraining from resorting to law, which enriches the framework of legal consciousness. The distorted “law in action” highlights the urgent needs for legal reforms. © The Author(s) 2026
Original languageEnglish
Number of pages22
JournalSocial & Legal Studies
DOIs
Publication statusOnline published - 11 Feb 2026

Funding

The authors received no financial support for the research, authorship, and/or publication of this article.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 8 - Decent Work and Economic Growth
    SDG 8 Decent Work and Economic Growth
  2. SDG 9 - Industry, Innovation, and Infrastructure
    SDG 9 Industry, Innovation, and Infrastructure
  3. SDG 10 - Reduced Inequalities
    SDG 10 Reduced Inequalities

Research Keywords

  • noncompetes
  • legal consciousness
  • labor law
  • trade secrets
  • workplace inequality

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