The Research On The Post-Employment Restraint System

With the development of the market economy, the competition between enterprises is becoming more and more intense. In the process of competition, the trade secret plays a very crucial role. However, it is always released by the employers who have chances to work in a new enterprise. As we know, it may cause damage to the original one. So to set up a perfect post-employment restraint system is very necessary. The purpose of the post-employment restraint system is to protect the trade secret not to be released easily and to guarantee the healthy competitive order of the whole society. However, because the post-employment system is different from other means of trade secret protection, which in the process of protection also limits the basic rights of the employers, therefore, the way to perfect the legal system of post-employment restraint is to balance the relationship between the protection of the trade secret and the protection of the basic rights of the employers.Therefore, this paper concentrate on the issue that how to construct a perfect post-employment restraint system in order to balance the rights of the two parties. This paper is divided into four parts:Partâ… : The analysis of the contradiction between the protection of trade secrets and the protection of the basic rights of the employers. In this part, firstly, it introduces the definition of trade secret and work right; secondly, it analyses the contradiction between the two parties; thirdly, it point out that the only way to solve this problem is to set up the post-employment restraint system.Partâ…¡: The theoretical analysis of the post-employment restraint obligation. In this part, firstly, it analyses the connotation of the post employment restraint obligation; secondly, it analyses the nature of this obligation.Partâ…¢: In this part, firstly, it introduces the situation of the post employment restraint system in foreign countries; secondly, it identifies the main deficiencies in the post-employment restraint system in China through the analysis of the relevant legislation and decisions of foreign countries.Partâ…£: In the last part, it makes some suggestions on how to improve China's post-employment restraint system in order to balance the interests of the two parties under the employment contract.