Research On Employee Non-competition System

The Employee non-competition refers to the obligation that the worker not the employer bears to conduct a competitive business in a specific period of time, after the dissolution of labor relations. In modern society, the talent flow caused by the commercial secret infringement cases show that the flow of talent has become the important way of the loss of commercial secrets. Employee non-competition system's goal is to protect the trade secrets of the employer and other interests, so as to protect the employer's business interests and competitive advantage. Non-competition system of traditional theory of labor law is the faithful obligation and competition law reasonable limit competition principle. Non-competition obligations derived from the agreement between the parties, which is not as an obligation. As the non-competition obligation limits the labor rights of workers,so reasonable restrictions must be set to the application of the Non-competition obligations. There're conflicts between Employee non-competition system and numerous rights.We need to keep a reasonable balance between these rights and principles to resolve the possible conflicts. In determining the validity of workers on Non-competition agreement, China's law is very detailed, while Anglo-American law is given the discretion of the judge. China's "Labor Contract Law" and local laws of some provisions have the relevant regulations, but there are still many to be desired. In order to perfect our country laborer non-competition system, detailed provisions should be made in the non-competition geographical scope, compensation payment, the employer's liability for breach of contract and some other aspects.