On The Right Restriction Of Right Of Trade Secret In Labour Relations

As the society's development steps forward, economy becomes more active and important than before. At the same time, the flowing of human resource leads to more serious disclosing, enterprises have to keep their trade secret in order to hold their trade secret to get benefit. The PRC Labour Contract Law has been implemented, and it has some rules about the trade secret, which is clearer and more operable than the old labour law. Because of this law's big impaction, this new change about the trade secret is worth of studying .This thesis wants to study on the trade secret right limitation to protect worker's right. The main method is to analyze why and how to limit enterprises' trade secret right under the interests balance mechanism.This paper analyses the trade secret right limitation as following: First, American and Japanese trade secret laws are introduced. Then ,according to the implemented laws, secret-kept agreement and job-limited rule are main methods to protect enterprises' interest .Last ,according to the civil basic theory of rights limitation and the interests balance mechanism, the trade secret right needs limitation. In order to let the trade secret protection operate more effectively, some meticulous measures should be considered when employer and employee subscribe a labour contract. These right limitations include, the motive to protect this secret should be legal, the content of the trade secret should not be expanded optionally, it is not all workers' duties to keep trade secret but only a few people, the time's length of job limitation in the same field should not be more than 2 years , employer should compensate employees who have this duties on time and reasonably, and so on. This paper wants to give some these suggestions in order to benefit the legislation and practice for right limitation in trade secret protection in our country.