Non-competition And Protection Of Labor Rights

Employer of company often wants to sign noncompete agreement with the workers to prevent disclosure of trade secrets by workers'changing jobs. But in reality, many employers are not satisfied with effect of this system of prohibition on competition, and workers often negative the system.Based on the discussion of the system of Prohibition on competition in a number of issues on how to balance conflict of interest between the employer and the employee, I put forward my proposals. This body part is divided into four parts:Chapter I Prohibition on competition of the basic problems. This chapter first describes issue of prohibition on competition such as the definition of non-competition, categories of non-competition, the characteristics of non-competition, obligor of non-competition etc., and then analyzed the impact of the Prohibition on competition toward the community, employers and workers, and put forward the views of the author.Chapter II Foreign reference of prohibition on competition. This chapter is divided into two sections, Section I introduces parts of the system of the Prohibition on competition in the United States, and focuses on reasonable standards of the Prohibition on competition in the United States to determine, and California's special provisions. SectionⅡdescribes the rule concerning the effectiveness of the French on the non-competition provisions.ChapterⅢChina's non-competition legislation and practice. This chapter briefly introduces China's legislation on the Prohibition on competition at all levels; and that the legislation is the lack of coordination of legislation, is not unified; the way of restrictions to workers affected by non-competition agreement led to the scope of restrictions too broad; legislation is too principle; Finally, introduce the status of the implementation of China's non-compete agreement, and revealed some status of the unexpected.Chapter IV China's non-competition legislative proposals. This chapter is divided into two parts, the first part is the principles of legislation on t non-competition, such as justice and Reasonableness principles, third party intervention principles; the second part is recommendations for some of the details of the legislation.