The Conficts And Coordination Between Non-competition System And Employment Choice Right

Non-Competition Clause is amplified on the game playing between the protection of business privacy of employment party and employees'free choosing right. Therefore most of the countries have more or less limits to the application of Non-Competition Clause.It is a contradictory object among the different interest group. Non-Competition Clause could protect the business privacy of employers through the restriction of employees'free choosing right. It is reasonable and necessary in some way though it looks unfair apparently. However, Non—Competition Clause should be restricted. For the purpose of the proper application of the clause stipulated in labor contract law, some factors, such as the prerequisite, scope of the influenced people, industry, region, period, responsibility etc, should be taken into consideration.There comes to the conclusion: It is reasonable and licit that enterprises require employees to form a contract with a Non-Competition Clause, However, we should recognize that existence of Non-Competition Clause walks on the back of the restriction of the employees'free choosing right. Therefore Non-Competition Clause should be limited to a reasonable extent. Otherwise the labor rights of the employees'would be infringed upon due to the excessive restrictions on the emplyees free choosing right.