On Labor Rights And Conflict And Balance Of Non-compete Obligations

With the promotion of the society which is under the rule of law and the strengthening of citizens' consciousness about rights,the citizens' basic rights are gradually entering people's vision.As labour rights are the guarantee of citizens' survival and the foundation of citizens' all other rights,in the current severe employment situation with some employment problems,the implementation of labour rights become the concern to the labours.However, when a large number of workers concern the protection of their rights,they ignore their obligations to their enterprises.Their arbitrary executions of labour rights make serious damage to the interests of the enterprises.At this time,after a long-term of exploration,enterprises finally seek out a powerful weapon to protect themselves——the prohibition of business strife,which restricts labours' rights effectively.Some enterprises even put it to a blind respected position,which violates labours' rights.In fact,with the continued improvement and development of the market economy,the conflicts between workers' labour rights and prohibitive obligation in business strife have become increasingly prominent,so the market,invisible hand,is very difficult to regulate them.At this time,state intervention is the only way to prevent the harm which is caused by the worker and the employer's abusing their rights happened to the both sides and society.In this paper,the author wants to find the solution through building and improving the corresponding system.Besides the paragraph and the conclusion,this paper includes three parts.Part one:General theory about labour rights and prohibitive obligations in business strife.This part is to explain some basic concepts and theories. Section one is about labour rights.Firstly,define the concept of labour rights discussed in this paper are from a narrowed meaning.Then clear out that labour rights are basic human rights and constitutional rights.Section two is about prohibitive obligations in business strife.It is composed of the following aspects:Definition of prohibitive obligations in business strife,Legal characters of prohibitive obligations in business strife,Jurisprudential and Economical theories of prohibitive obligations in business strife,Value of prohibitive obligations in business strife.Part two:Conflicts between labour rights and prohibitive obligations in business strife.This part the author sorts out phenomenon of the conflicts.It could be discussed from two aspects.One hand,labours violate the prohibitive obligations in business strife.The other hand,the prohibitive obligations in business strife restrict labour rights.The author analyzes the two hands from phenomenon reasons and hazards.Finally analyze two typical cases.Part three:Balance the conflicts between labour rights and prohibitive obligations in business strife.This is the most important part of this paper.It includes two sections.Section one,propose three principles to guide the practice.They are Balance of Interests and Labour Right Prority and Prohibit Abuse of Authority.Section two,point out two ways to balance labour rights and the prohibitive obligations in business strife.One way,give a particular protection to labour rights.The other way,set the prohibitive obligations in business strife properly.