Research On Legal Problems Of Prohibition Left

The value of leaving non-competition is to balance conflicts between enterprises’operating rights and competitive advantages and labors’ rights to work and chooseoccupation; to resolve conflict between values of law on freedom and order. As the legalsystem of leaving non-compete was introduced into Chinese law lately, there’re still someloopholes on regulation of leaving non-competition, and a lot of leaving non-competitiondisputes were caused in practice. This paper poses questions through relevant cases, aimsat studying issues which are uncertain in theory and putting forward some proposals toperfect relevant legislation, so as to solve practical problems.Issues including the relationship between leaving non-compete and trade secrets; thescope of main obligations; the periods, regions and job content restrictions of leavingnon-compete; the force of law of non-compete clauses without non-compete compensation;the time, standards and methods of payment for non-compete compensation; the nature andstandard of payment for liquidated damages; legal liability competing; the legal proceduresto resolve leaving non-compete disputes; selecting defendants in litigations are researchedin this paper.This paper argues that trade secrets are not the only thing protected by the legalsystem of leaving non-compete, something else are also protected besides goodwill,general knowledge, experiences, skills of labors; the scope of main obligations andrestrictions of period, region and job content of leaving non-competition are based onenterprises’ interests including trade secrets closely; the non-compete clauses withoutnon-compete compensation are valid for labors only; the non-compete compensationsdon’t have to be paid monthly; the nature of liquidated damages are compensatory; thereisn’t legal liability competing, so it’s possible to require the obligor to assume tworesponsibilities at the same time; pre-labor arbitration procedures are necessary fordisputes violating of non-compete agreement and without infringing trade secrets; forleaving non-competition disputes, if the plaintiff sues default, the new enterprise can onlybe the third party in litigation; if the plaintiff sues for tort, the new enterprise can be adefendant in litigation.This paper provides some proposals to perfect legislation on the period and jobcontent restrictions of leaving non-competition; agreeing non-compete compensation; thestandards and methods of payment for non-compete compensation; liquidated damages.