The Competing-for-job-prohibition Under The Vision Of Labor Contract

Competing-for-job-prohibition is the legal means to protect employer's trade secrets and had played an extremely vital role in the maintenance fair competition order. Competing-for-job-prohibition has been obtained by scholar's affirmation and the legislation acknowledgment. But, not only because this system with employer's benefit correlation, concern relation to worker's work right, free choosing profession right and even the right to survive, therefore, how balances between the employer and worker's conflicts of interest, how causes to competing-for-job-prohibition while to play its effective role and is not abused by the employer is key point of this system. This article attempts to participate in the discussion and expresses my view.This article altogether divides into four parts:The first part, the rationale of competing-for-job-prohibition. In this part, the author introduced competing-for-job-prohibition rationale, altogether has included"the civil law autonomously"the principle in the labor relations limited utilization, honesty principle. Also discuss the premise of competing-for-job-prohibition, that is the reasonable competition and the business secret which this system protected.The second part, the legislation evaluation of competing-for-job-prohibition. In this part, the author tried to research these several aspects, such as the time, the region, the domain limit of the competing-for-job-prohibition and the compensation and the liabilities. Compare the differences between the"Labor Law"and the"Labor Contract Law (draft)". Tried to point out the progresses in the time, the region limit, the compensation standard, and the flaw in the domain limit.The third part, legislation comparison of competing-for-job-prohibition .To construct our country's system, compared with the model overseas legislation, is one extremely effective way. In this part, the author collected legal rules and some related materials of Germany, French, Italian, Swiss 4 mainland legal system countries and American, the English two Britain and America legal system countries about this system. After the research of those materials, the author discovered that the various countries all emphasized competed industry the prohibition rationality, emphasized coordinated relations between the public interest and the competing-for-job-prohibition, as well as competed aspects and so on effective prerequisite which competing-for-job-prohibition could implement. But, about the concrete detail, there are very great differences actually.The fourth part, the legislation suggested. Through the front analysis, we may see the 16th article of the"Labor Contract Law (Draft)"in our country has made suitable progresses as to the 22nd article of the "Labor law", but, the author believed that this article still had certain problem to need to ponder. In this part, the author tried to competed the same spot and the diversity through three kind of angles under which competing-for-job-prohibition inspection, and found out that on the idea level, our country legislates is the same to the overseas legislation, and on the specific level, there has manifest certain differences. Therefore, the author proposed legislation suggestions including following several aspects: To complete the limit of this system and etc,.