Non-compete Obligations After-workers Studied

With the development of market economy, the competition between enterprises is becoming more and intense. Thus trade secrets and some important information are also considered as intangible assets. However, it will release from the workers who have chances to work in competing enterprises. As we know, it may cause damage to the original ones . So to set up the restriction of the post-employment restrain system is becoming more and more important now with its purpose is to protect the trade secrets not to be released easily, to guarantee the social ruly competition and to restrain the basis of the duty of the workers and their free choosing profession right. However, on one hand, it's not easy to balance the interest between the workers and the enterprises. On the other hand, we find that there are still some latent defect in Labor Contract Law while we put it into use . It means that it is worth further study. The paper is beginning with the legitimate foundation study of post-employment restraint system to have a further study of it. It is divided into six parts.First, the author talks about the basic concept of the post-employment restraint system (PERS) especial the obligation of the laborers who choose to work in competing companies .To protect the trade secrets, the laborers shall not engage in competive relationship in the same fields in one region after a certain period of time when leaving their original jobs. And it should arise from an agreement between the parties as an obligation which is intended to protect the commercial secrets, and to prevent the unfair competition. It is sure that the obligation should own some strict restraint.Second, the article discusses the necessarity of setting up PERS. By some analysis, we know it is the important theoretical and legal basis when we restraint the unruly competition ,balance the interests and be faithful to the work. Thus the PERS works no matter in theory or in practice.Third, by collecting some legal rules and related materials of the legal systems from America, England, Germany, Swiss and Italian, the author discovered that various countries all emphasized the coordinated relations between the public interests and the obligation of PRES. Thus the author think there should be some key points in the PRES. For example, it should be set up according to agreement between different parties and should own some restrictions.Fourth, it shows the analysis of China's existing laws on the relevant provisions of the PERS. The author studies some provisions about the it with the above-mentioned theory. He thinks only the confidentiality agreement, the integrity of the legitimate business rules and regulations, economic compensation and some other way could encourage workers to fulfill its obligation once they cancel the relative contract. What's more, the author also put forward his own views about how to set up the obligation of PERS when in placement.Fifth, the author tries to make an analysis on the cases about obligation of the restriction on the post-employment. He considers that trying cases on obligation of competing-for-job-prohibition should focus on whether it is fair and legal or not. Because the contracts will be considered invalid ones if they are unfair thus they have no binding force to the workers. When trying the cases on the obligation of the post-employment restriction, the judgers should follow the principles of reasonable compensation and so on. Meanwhile the author analysis some other related issues.Last, it discusses the perfection of legislation the PERS in China. By summarizing the whole paper, the author put forward some legislative proposals. a) Legislation should be appropriate so that it could be used to limit the position of the strong ones. b) The PERS should be included in the law on the protection of trade secrets thus both of them form a complete legal system. c) It needs restrictions on the PERS. d) There should be a clear legal responsibility to improve the PERS.