Study On The Rationality Of Non-Competition After Demission

Leaving prohibition have become an important legal system of the various countries to balance market subject interests and maintaining an orderly competition order. The company law in China in the form of law stipulates the directors and senior management personnel of on-the-job non-compete obligations, lack of leaving prohibition of relevant regulations。IN the form of law, the labor contract law compensates for this defect, affirms the employee and the employer may make an agreement of leaving non-compete obligations. There are also local laws and regulations related to leaving non-compete system .These laws and regulations provides a legal basis for the growing non-compete problem. However, as the complicated phenomenon in our country's market and our lack of systematic research on the Prohibition of Competition departure, coupled with the principles of the present legislation is too simple, lack of interoperability, the judge in cases involving leaving prohibition encountered much confusion. This article tries to discuss the legal issues of leaving prohibitions.Full text is divided into six parts。The first part is the case simple introduction, puts forward the disputed point and some of the issues relevant to the case. The second part introduce the general theory of leaving prohibition , including an overview of leaving Prohibition , the meaning of this research as well as separation the development of leaving prohibition system. The overview of the leaving prohibition in mainly introduces the concept of retirement non-compete and the connection and difference between left and in-service non-compete. From the moral order, the market order and encouraging invention and creation of three aspects, this article discussed the meaning of the research of reasonableness of leaving prohibition system. At last, the paper introduces the historical development of the Leaving prohibition. The Leaving prohibition as interest gaming product, which experienced from negation to limited admit development course. The third part is the theoretical analysis of the rationality of the leaving prohibition. Respectively from the legal theory, civil law, labor and social harmony aspect, the rationality of prohibition is analyzed. The fourth part is the judgment standard of the rationality of leaving prohibition. Specifically including Existence of worthy protected legitimate interests of the company, the limits of time, regional and professional activities, the relationship between resignations non-compete agreement and economic compensation terms. In reference to legislation and judicial practice of other countries of the world, this article put forward a sound proposal of legislation. The fifth part discusses the responsibility when employee violates the non-compete obligations, mainly discuss the civil liability form. The sixth part is the case analysis, on the basis of theoretical analysis; we will analyze the case and summed up.