Study On Theapplication Of Non-competition Economic Compensation

Non-competition economic compensation is the employer required employees to take leave as a non-competition obligations to former employees of the price to payfinancial compensation. Former employee non-competition agreement based on a conservative former business secrets and shall not engage in businesses competitive with the original work, restricted their free choice of employment, economic interests are not hurt, it is necessary for workers to be compensated, it is the law requirements of the principle of fairness and justice, but also a balance between the interests of workers and employers an effective means.2008 implementation of the "Labor Contract Law", as an applicable law in the country, compared to their non-competition provisions of ever more authoritative, detailed, but its non-competition provisions of the applicable compensation is extremely vague, resulting in different judicial decisions in practice. So, at this stage is concerned, the issue of compensation for non-competition obligations of research is important.. It is based on the above-mentioned problems, I tried to Yang v. Beijing University Founder's labor dispute case as the starting point, in the case related to the application of non-competition compensation to explore, analyze its theoretical basis, compared with outside, made established judicial practice should apply to non-competition related to the economic compensation provisions.This framework is divided into four levels: Yang v. The first part describes the case of Beijing Beida Founder and highlight issues related to non-competition compensation, which agreed to the terms of the non-competition agreement compensation effect of the impact of non-competition economic compensation standard, Non-competition economic compensation is not fulfilling the legal consequences; The second part describes the non-competition and non-competition set up to define the elements of effective, comprehensive regions of China in the specific requirements, established in judicial practice, the economic compensation is not agreed upon does not result in non-competition agreement was invalid; The third section deals with the establishment of non-competition compensation standard economic significance in the overall specific provisions for various regions and foreign-related requirements, established in judicial practice, financial compensation should be applied to the gold standard; The fourth part of the analysis of breach of contract in the legal consequences of non-compliance, the integrated region-specific requirements of each country to establish the judicial practice of economic compensation is not performance does not lead to non-competition agreement was invalid, and requires employers to give workers continue to perform and lift the right to non-competition agreement.Problems through case analysis, allows us to face our economic compensation applicable to non-competition situation, to reasonable regulation by employers and workers compensation law of non-competition between the two sides in a market economy to ensure the legitimate rights and interests, in particular, tends to protect this vulnerable group of workers, tends to balance the rights and obligations of both sides, so as to realize the maximization of social benefits is the purpose of this study. The theoretical basis of this study involves the field of economic law and civil law, research methods include cross-over study, comparative studies and case studies.