Research On The Compensation System Of Labor Competition

The non-compete agreement of the enterprise signed with the laborers is in orderto protect their trade secrets. The establishment of the laborer non-compete agreementaccentuated the obligations of the workers moderately. The right which enterprisesigns a non-compete agreement with specific laborer will lead to the certaincompensation obligation inevitably, that’s as mentioned in the article---thenon-competition compensation system. Laborer non-competition compensationsystem involves many legal problems, one of the most important problem is tobalance rights and obligations among the laborer, enterprise and society. The laborer’snon-competition compensation system is also widely applied in our country recently,the deficiency which exists in the universal application of the system calls forimproving the establishment of the non-competition compensation system.Laborer’s non-competition compensation system has been existed for manyyears in the legislation in our country. Over the years in the legislation, it has beenconstantly improved. But so far, it still has a lot of problems. There’s a substantialdivergence about the essential attribute of laborer non-compete agreement. There arestill have some unreasonable and missing problems of the non-competitioncompensation standard, non-competition compensation form, non-competitioncompensation payment time and non-competition compensation payment. The unclearjurisprudence will directly lead to the lack of system, the lack of institution willdirectly lead to the loss of rights of laborers and employing units. In order to ensurethe benefit of laborers and employing units, we must recognize the essence of thenon-competition compensation system deeply from jurisprudence, and improve thecompetition restrictions on compensation standard, form, payment time, and paymentregulation, so that it can better safeguard the legitimate benefit of laborers andemploying units: not only to improve the non-competition compensation system fromthe system, but also to solve the laborer problem fundamentally which is existing inthe non-competition compensation, what’s more, we should find problems from insideemploying units and laborers themselves; we should elevate the status of laborers in the market when enterprise’s social responsibility is enhanced; at the same time, weshould also promote the setting in the collective contract laborers non-competitioncompensation terms.