The Research On The Obligation Of Non-Competition Of Director Who Leaves His Post

A director who leaves his post because of Serving in the company, needing to protect competing interests, is prohibited to work for other company who has competition between the original company, or work his own business which has competition between the original company. Company Law only provide the obligation of non-competition of director, but don't provide the obligation of non-competition of director who leaves his post. But in judicial practice, there are many dispute between the original company and the director who leaves his post because of non-competition.The director who leaves his post must bear the obligation of non-competition based on faith and the reasonable to restrict competition.The original company should have the human resources investment, goodwill, trade secrets and other competing interests, then the director who leaves his post should bear obligation of non-competition. The obligation of non-competition includes behavior of the limit, behavior content restrictions, time restrictions on behavior, behavior of frontiers. The director who leaves his post who violated the obligation shall bear the corresponding legal responsibility. But also need to consider the responsibility to reduce and exempt, and the legal responsibility of the new company.There are two special issues about the obligation of non-competition:one is the relationship between the obligation of non-competition and labor rights. life rights,and the way to conflict resolution. The other is the impact to the new company obligations because of the obligation of non-competition. Need to rethink the balance of interests of the traditional mode, and give the countermeasure.The model of the obligation of non-competition should be adjusted with legal model and the contract model at the same time. Company law should give guide rules at:behavior of the limit, behavior content restrictions, time restrictions on behavior, behavior of frontiers. Implementation of the obligation Included:compensation system, Intervention system, filing system, professional managers system.