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Talk About The Liability For Breach Of Non-competition Contract On The Labor Contract Law Of Our Country

Posted on:2012-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:H JiFull Text:PDF
GTID:2216330368492075Subject:Law
Abstract/Summary:PDF Full Text Request
On January 1, 2008 , The Labor Contract Law of our country in Section 22/23/24 formally provide the corresponding regulations of the problem for the non-competition ,standards of employers and workers rights and obligations in the non-competition, making the judicial practice in the growing number of non-competition aspects of the labor dispute law. However, as the economy continues to evolve, the battle intensified between the resources, and talent competition in the market as the most important production resources, it is the object of competition between enterprises, and non-competition as the balance of trade secrets, employers and workers choosing between the interests of freedom of the product, in the practical operation does not fundamentally control the flow of talent. So in this case, liability for breach of non-competition research is very important, how the legislative point of view as possible to avoid the emergence of competitive business conduct and behavior in the event of a competing business case, the judicial practice in how to use the default liability provisions to maximize the balance of both employers and workers interests, safeguard social fairness and justice, has become the biggest liability for breach of non-competition dynamics.This paper is divided into three chapters, the first chapter mainly for breach of contract for non-competition learning rational thinking, in the non-competition and to define the concept of breach of contract, the liability for breach of contract production and the role of constituent elements for analysis . The second chapter focuses on two levels from the analysis of the legislative and judicial liability for breach of non-competition exists in the current inadequacies. The third chapter with the author in person for non-competition caused by the labor dispute cases, liability for breach of non-competition from the legislative level of the recommendations put forward a sound judicial practice as well as how liability for breach of norms applicable to non-competition put forward their own ideas. Final conclusion that the original intention of writing this article, through the breach of contract research, making the system non-competition play a role in real practice, in the protection of the employer's trade secrets and important information on the basis, without prejudice to the freedom of workers choice of employment. so can fully guarantee a harmonious and stable labor relations, and will not undermine the flow of talent in the market competition mechanism.
Keywords/Search Tags:Non-competition, The liability for Breach of contract, Legislation, Suggestions for Improvement
PDF Full Text Request
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