Non-competition System

With economic development, this year to of the floating of talents in mobility, because of defects caught everyone's attention. One of these is the movement of workers may be because the workers who leave in a certain time to compete in the enterprise, which has resulted in a loss. This loss as business secrets of the infringed party and our interest losses. Meanwhile, business is looking for effective protection. Prohibition of business strife as to protect the corporate business secrets and the interests of the competition is a measure, it was in a foreign country in the legislative, judicial, but, in a manner, every time a manner is not consistent.Our system of establishing it is, in our regulatory documents have. The most important thing is to china by 2007, labor contract law, to our prohibition of business strife system build and improve the vital role. However, we saw the labor contract law provisions of the system is still limited, simple and crude. Therefore, we have discussed, as necessary to discuss further legislation can be developed to provide practical suggestions.This article to the labor contract law background, the whole of this subject. this points to the introduction, the text and conclusion of the three major parts.The introduction of a topic of discussion, and simple analysis of this system is entirely different social environment, the social situation to see the system of value and meaning, and introduce the topic.Body part is divided into four chapters:The first chapter is an overview of non-competition. This chapter first introduces the background non-competition, to study ways to theory-based Analysis of the article from the civil law through the perspective point of view of social trust, honesty and balance the interests of the credit point of view of the non-competition system of the background, obtained by The conclusions and opinions:that the non-competition system, the background is out of business trade secrets and intellectual property protection for the protection of business needs and the needs of these two competing interests; second introduces the concept of non-competition, from the classification of non-competition, trade restrictions limit competition, trade secrets and applicable conditions of the four aspects of a simple analysis of the non-competition system should pay attention to several issues. The second chapter is a body of non-competition system of study abroad, from several major common law countries, civil law countries start of their relevant legislation, judicial practice and analysis are introduced:First, countries compete for industry limits have taken a very cautious attitude. Many countries have banned non-competition system of early, non-competition agreements are given for the negative effect of the state. Subsequently, although countries are allowed a certain extent, the existence of non-competition agreement, recognize its effectiveness, but more stringent requirements. Second, countries are aware of the non-competition reflects the system's trade secrets, protecting the interests of competition and free choice of employment of workers, and even the public interest, competition order of contradictions. The attitude of countries are biased in favor of workers rights and social protection of the interests. And thus conclude that the revelation of our legislation:We use non-competition should be strict and cautious in the face of business and balance between the interests of workers, the need to pay attention to protect the rights of workers can not be arbitrarily deprived. Only the most fundamental concept in this system under the guidance of construction, it may be the greatest degree of rationalization.The third chapter describes the body of China's legislative system, and introducing the system after careful analysis of China's lack of legislation, and ways to use case studies from the non-competition system of economic compensation, breach of contract laborers, depth limits, etc. analysis, pointed out the existence of non-competition system of five aspects.For the current text of Chapter IV, "Labor Contract Law" and the combination of non-competition provision raises the question above, from six aspects of China's non-competition system put forward a sound proposal. First, a clear economic compensation for the impact of the effectiveness of non-competition agreement, the second is to require the employer to terminate the contract after the illegal non-competition provisions of the effectiveness of three non-competition compensation system is perfect, four is a non-competition business and geographical range restrictions, five are clear penalty and the relationship between the non-competition, six are clearly non-competition obligations of termination matters.This conclusion is the text of a macro summed up and put forward ideas and suggestions on policies and that laborers and employing units that conflict of interest, should not disregard for the workers rights protection.