A Study Of The System Of Promissory Competing-for-job-prohibition Of Labor Relation

In a competitive market environment, if it wants to occupy a place in the market, an enterprise must possess some practical business secrets such as technical information and management information, which should be unknown to the public but can bring economic profits to the enterprise. To build and perfect the system of promissory competing-for-job-prohibition is the important measures to protect the commercial secrets.The current legislation on promissory competing-for-job-prohibition is far behind the need of solving the increasing disputes. Thus it is necessary to build the system of promissory competing-for-job-prohibition of labor relation. Competing-for-job-prohibition contract is a kind of agreement between employer and employee. To protect employer's trade secrets, it forbids employee's engaging in a certain field as a competitor to employer during his work or after leaving. This kind of contract has been an important matter both in law theory and in judicial practice. It is necessary to seek balance between employees' freedom in choosing their own careers and protection of owners' trade secrets.In order to coordinate the relation between competing-for-job-prohibition and the social public interest, strict restraint must be adopted to the competing-for-job-prohibition. The article puts forward conditions to judge the reasonableness and ways to implementing the system. Our legislation should focus on the strict regulations on competing-for-job-prohibition, which can only be applied within the arms of public interest through the process of learning the practice of other countries.