Whether a separate confidentiality and non-competition agreement is viewed as a labor contract is still subject to interpretation by courts. Some court agree that dispute related to non-competition agreement should not be treated the same as a labor dispute, but other courts disagree.

You can try to stipulate in the agreement that the confidentiality and non-competition agreement should not be viewed as a labor contract, given that it is a separate agreement prepared and signed from a labor contract. Eventually the court will decide.

However, if it is not viewed as a part of a labor contract, then parties can seek arbitration from a general arbitration committee that may be more adapted to commercial disputes, rather than a special arbitration committee for labor dispute. In addition, the statute limitation is longer than disputes filed with arbitration committee for labor.