Non-competition And Labor Rights Protection

With the reform and opening of our country, laborers' employment form becomes the mutual choice from the former "the lifelong system" to "the contract system", and the laborers freely flowing became the universal phenomenon of the labor market. But each kind of laborers in domestic enterprise even during transnational enterprise flowing, the profession and the enterprise while enjoyed to the huge economic efficiency, social efficiency which the human resources optimization disposition brought, also was inevitable must undertake the commercial crisis which flowed based on the employee brings. Signing the competing industry prohibition agreement with the employee becomes the enterprise to protect one of its business secret usual ways, but competing industry prohibition behavior itself already has its rationality, also has limits the laborers freely to choose profession the power and the limit competition unreasonable factor, at the same time, exists encroaches upon the citizen to laborers the rights and interests hidden danger, thus also creates the violation on inevitable can to laborers' benefit. Therefore, how coordinates the enterprise the legitimate benefit and laborers' right protection becomes the focal point day by day which the people pays attention, the market economy rapid development similar request establishes, the consummation reasonable competing industry prohibition system as soon as possible, by balances the protection enterprise benefit and laborer rights and interests, the realization society overall welfare maximization. But our country existing competing industry prohibition system cannot adapt the time request, displays too disperses in the legislation, qualitative insufficiently accurate, operational is not strong and so on many aspects.This article obtains from the establishment competing industry prohibition system economy and the legal foundation, the discussion...