The Conflict And Coordination Between Business Secrets Protection And Employee Mobility

With the reform and opening of our country, the employee freely flowing became the universal phenomenon of the labor market. At the same time, the employee mobility also became the main channel for the giving away of the business secrets. Therefore, how to coordinate the employer's benefit and employee's interest becomes the hot point.The right of freely choosing jobs and the right of bushiness secrets are owned by laborers and enterprises respectively. So when there appear conflicts between them, we could not consider simply one of them as priority. Because both of them are equal in legal status and none of them have privilege. Signing non-competition agreement with the former employees becomes the employers to protect business secrets usual ways, such as America, England, Germany and Japan. In our country, the system is also concerning gradually. Employers are increasingly asking employees to sign employment agreements containing nondisclosure and non-compete clauses that prohibit employees from revealing confidential information and competing with the company during and after employment. However, our existing system of trade secrets restraint is imperfect, such as whether exists the interest should be protected, whether the employees, geographic area, duration and compensation are rational, whether accords with public interest. So, we should implement our law system, which allow for reciprocal interests in those agreements that contain such provisions that only benefit one of the parties.The article observes the non-competition system and the discussing its value in the view of balancing the employer's interests and employee's rights and the public welfare, by combining theoretic study with case analyzing. The latest"the Labors Law of Contract (draft)"also contains such provision of non-competition agreement. Scholars gave some different worthy suggestions and valuable advices. Therefore, we should implement the relevant laws and confirm that they will not only equalize the bargaining power between the parties, but also ultimately serve to protect the employer's interests while also enhancing employee mobility, and thereby promote economic and technological growth within the state.