The Study For The Legal Effectiveness Of Promissory Non-compete

Promissory non-compete is the legal way which is widely used by the employers in the developed countries to protect their business secrets. This way has very important effect to clean the market environment, maintain the fair compete system, improve the positivity of employers for their investment in talent and technology. It not only relates to the benefit of employer, but also relates to the working rights, freedom right and even survival right of employee, therefore, how to coordinate the benefit conflicts between employer and employee and remove unreasonable behaviors of either party already becomes the new task in the study field of labor contract law. This article is trying to discuss the related issues for the legal effectiveness of promissory non-compete from the following four aspects.First, this article discussed the concept and legal attribute of promissory non-compete. Analyzing the legal attribute of promissory non-compete based on the expatiating of the basic concept of promissory non-compete: The promissory non-compete comprises the property of labor law, business secret protection law and anti-illegal-compete law; the promissory non-compete belongs to the category of social law.Then, the article discussed the legal theory foundation which generates the promissory non-compete, expatiated that the sincere credit principle and faith obligation is the theoretic basement which generate the promissory non-compete, the promissory non-compete is the consolidation and reasonable competing limitation of right, obligation and liability.Third, the article analyzed the legal effectiveness of promissory non-compete. Based on the discussing for the disputing of legal effectiveness of promissory non-compete and the appearance of conflicts among promissory non-compete and related rights, bring forward the opinion that the cognizance for the legal effectiveness of non-compete must be very prudent.Finally, the article is focusing on the effectiveness cognizance of the agreement of non-compete. After illustrating the meaning of the effectiveness cognizance of the agreement of non-compete, the article analyzed the validity, rationality and other principles of the non-compete agreement, and brought up the detail standard for the effectiveness cognizance.The most impressive trait in this article is to bring up the standard for the effectiveness cognizance based on the analyzing and studying for the legal attribute, nomological foundation, law effectiveness of promissory non-compete by the way of connecting of practice and theory, and it will have certain theoretical value and practice meaning.