Research On Post-employment Restrictive System From The Perspective Of Labor Law

According to the Article 23 and 24 in Law Of the People's Republic of China on Employment Contracts, If a Employee has a confidentiality obligation, the Employer may agree with the Employee on restrictive provisions in the employment contract or confidentiality agreement, and stipulate that the Employer shall pay financial compensation to the Employee on a monthly basis during the term of the competition restriction after the termination or ending of the employment contract. Research on Post-employment restrictive system from the perspective of labor law has its particularity and complexity. Post-employment restrictive system involves employers'legitimate interests, other employers'right of free choice of employees, employees'right to work, as well as the maintenance of fair competitive market order. This paper discusses theoretical issues of post-employment restrictive system from the perspective of employers and employees, and tries to give some effective advices for our country's post-employment restrictive system through the research of other countries and regions'ones.Part I: This part introduced the concept of post-employment restriction and defines the scope of this paper, then analyzes the necessity of post-employment restrictive system.Part II: This part discusses post-employment restrictive system from the perspective of employers. Post-employment restrictive system established to protect the employer's trade secrets and training investment, but it also limited other employers'rights.Part III: This part discusses post-employment restrictive system from the perspective of employees. Employees'right to work is limited by the restriction, so it also needs restriction.Part IV: This part introduces other countries and regions'post-employment restrictive system, including Britain, the United States, Germany, France and Taiwan.Part V: This part introduces the legislative status of China's post-employment restrictive system and analyzes the problem of this system, then gives some effective advices for our country's post-employment restrictive system.