Noncompete. And Choosing The Right To Freedom Of Conflict And Processed

The flow of talented people is the social progress development product, which promoting the socialization and architectural rationalization of knowledge extremely. It's also the expression of employees's freedom in choosing their own careers. It has played a positive role in transformating the scientific and technical achievements, adjusting the economic pattern, and distributing the human resources rationally also. But meanwhile, it's also bring a great challege for enterprises to protecting their trade secrets.In view of other countries' legislation and judicial practice, to sign covenants not to compete is a effective way to deal with the conflict of interest.Prohibition of business strife means that employer sign to employee, not allow them to work for other competive companies or product and operate themselves after leaving in certain deadline.There existing conflict of interest between protection of trade secrects and employee's right to work. Prohibition of business strife have two aspects. It can protect employers' trade secrets reasonable, meanwhile, it also limits employees' freedom to choose profession and there right to survival. So it's bad for competion in some kind of degree.In observation of different countries' culture background and values, prohibition of business strife have different status. Most of developped coutries have reasonable theories and practices about that.Our coutry's system of prohibition of business strife is only strat to set up, so I can also say it is in a stage of exploration. The level of legislation is low, and the content is oversimplified, so it's hard to operate.My article draw lessons from developped countries' experiences and link the condition of our country, in way of analyse typical case, I come to a conclusion that prohibition of business strife must be legitimate and reasonable. We can examine it from several aspects below:Whether existing interest which should be protected or not. Prohibition of business strife only protects trade secrects, the characters of which are secret,economical and be adopted measures for security.The interest which be protected is bigger than that of be gived up.The person be restricted ought to be the one who know trade serects.The restricted area must be fixed clearly. Laborers can't be employed there or carry out competive business.