Study Of Employ Non_Compte Agreement

With the increasingly close economic exchanges and the flow of talents in great number, convent not to compete begins to play an important role in China's market economy. However, the rule of prohibition of business strife is based on limiting the labors' right to work and their freedom in choosing a job. Hence, there are sharp conflicts between protecting the individual's interests of the enterprises' business secret and the public interests of labors' right to work and right to subsistence. Recently, theorists have had heated discussion about the following issues: Is it necessary for us to make such a rule? Is it legal? How to realize the reasonable limitation?The essay is trying to study on the theory of the system and the basis. Through the analyzing of how to balance the employee's Right to choose job and the individual's interests of the enterprises' business secret. From the angle of the labores, the thesis discusses how the laborers can protect their own rights in the prohibition of business strife. The non-compete agreement shall be applied only to some high-level employees who may have touched employer's trade secret. Additionally,the non-compete obligation shall be limited to certain time and certain territory and certain scope of job. Furthermore its purpose is to protect legitimate interest of employer and at last, employee shall be paid reasonable compensation.Except the instruction and conclusion , the essay is divided into four parts. Firstly makes some analysis on the rule's basic connotation, explores the concept, types, and theoretical basis of the prohibition of business strife. The theotetical foundation is based on honest principle and duty of loyalty in legality , cost and income theory and agent risk in econimics, The systematical value is to protect business secret and employment work right, so that it should be regulate in labor law. Secondly picks up the two respects important to the contracted non_competing to carry on comparative researches and the contracted non_competing is necessary to the market _oriented economy , the rule of good faith and the idea of just. The third part is about the legal relation of the system. In this part, through the analyzing of the subject, object and content of the legal relation,the author wants to research it systematically at the aim to better it. Fourthly , the author explores the civil liability for violating the rule of prohibition of business strife from aspects of the constitution of the civil liability and undertaking the civil liability.