The Legal Effect Of The Non-Competition In The Labor Contract

Promissory non-competition 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-competition from the following three aspects.First, the article from the force of law competition Clause labor contract and based on the premise of starting Expounded from the three labor contracts legally binding competition Clause recognized theoretical premise, the labor contract competition Clause recognized the fact that the premise of the force of law, and labor force of law finds the contract competition Clause legislative basis . First, the terms of the contract by non-competition legislation and competition restriction provisions, compared and summarized some characteristics of non-competition provisions of the contract, that the labor contract terms of the contract competition Clause is a kind of contract with the nature and characteristics It is the parties intention consistent results; terms of the contract by analyzing the competition restriction effect and the competition restriction effect of the different legislative provisions, summarized the conditions of entry into force of non-competition provisions of the contract, that the labor contract in force for competition Clause should elements of the contract in force are the same. These include: contract contracting parties must have the appropriate capacity to contract, meaning that the real parties to the contract, does not violate the law or public interest. Second, the interpretation of labor contracts there is a labor contract effective entry into force of the fact that the premise of competition Clause Finally, explain the legal effect of competition Clause labor contract identified legislative basis. Theorists will have broad and narrow non-competition points for that, my practice on trade secret protection in the competition restriction is narrow non-competition. According to the non-competition subjects will be divided into different service workers and laborers during the competition restriction after the competition restriction. Different stages of non-competition obligations for workers is also differentiated. In China can be divided into legal non-competition and non-competition agreement. Statutory Limitation of Competition is the subject of the obligation to bear the obligations derived from the non-competition provisions of the law directly. China enacted a specific law require the recognition of the legal obligation to subject the scope of competition restriction. Non-competition agreement, is the subject of the obligation assumed the obligations of non-competition agreement from both parties, it is a contract. Is the employer and avoid unnecessary trade secret or core technology to prevent information competing flows of the same industry-wide disclosure, and the master of its trade secrets shall sign non-competition agreement, departure of workers during his tenure within the some time or for another business there is competition between the original company's business.Second, the second part is the key. I study from the analysis of factors affecting .The factors affecting are protection purposes, application object, deadline, business and economic compensation. Protection purposes is the prerequisite. If there is no protection purposes, contract is not valid. With the enterprises have continuously developed, company entered into an agreement with workers in order to protect trade secrets. The workers are all workers. Such an agreement violated the legitimate rights and interests of workers, it is not fair to the workers. Other it impede the free flow of talent. It needed to limit the scope of application of personnel. The key consideration is the competition after workers. Author believes that the deadline of the non-competition should strictly control. Deadline should be based on the actual situation. The need for restrictions on the scope of workers is the emphasis. Otherwise, it would infringe the legal rights of workers. Protect the legitimate rights of workers is the legislative intent of labor law. So, the employers should pay economic compensation to workers.Third, the author gave some example. Such as, the enterprise included in the wages of workers compensation in, what effective is the agreement? Economy employer failed to pay workers compensation, what effective is the agreement? If the employer terminate the labor contract law, what effective is the agreement?Most important feature of the article is to integrate theory with practice. This paper presents agreement of standards. The article has theoretical and practical significance.