Study On Non-compete Agreement Legal Issues

With the "Trial of Labor Dispute Cases interpreting the law applicable to certainissues (four)" was promulgated, Issues related to non-competition law has been infurther clear.It solves some of the focus of debate that has been on thenon-competition issues.Such as the effectiveness of non-competition agreementswhen economic compensation have not been agreed and severance reasons have notbeen ruled.However, the legal incluing the "Labor Contract Law" and judicialinterpretation of the provisions is not well being applied to solve problems in thenon-competition practices. This paper summarized the practical issues.And use thelegal and related theories to analyze and solve them. For questions related to the law,then these laws for further analysis; For the provisions of law no problem, thenadvise the relevant legislation. As a result, the court can take advantage of theseprovisions more precise referee; employer compliance with the law can develop amore non-competition agreement to reduce the incidence of disputes; Workers canbe more aware of the legal provisions relating to non-competition, and the use ofrelevant laws to protect their own interests.In this paper, in addition to abstract, introduction, four chapters.The first chapter from the meanings of non-compete agreement to analyze itslegal interests conflict and principles should be followed when dealing with theseconflicts.The second chapter is to analysis the three forms that the non-competitioncovenants appears. The three forms are individual contract,corporate regulationsand collective contracts.After analysis, I agree more non-competition covenants inthe form of individual contract, and to support the newly established at the time of labor relations on the non-competition agreement. Employers in business regulationsin the non-competition agreement, due to the non-competition section is part of theworking conditions, workers should be particularly described with and solicit writtenconsent of the workers. I do not agree to be non-competition agreement throughcollective contract because it belongs to the generality of the provisions, can notconsider the specific circumstances.The third chapter is the effectiveness of the non-competition agreement of thefactors to be considered in the analysis. First,the main eligibility for workers anddispatch of the main problems identified qualifications; Secondly reasonable purpose,I believe that our trial practice based on need, at this stage, the main purpose is toprotect the non-competition corporate trade secrets; Finally, the issue of economiccompensation, the author express its understanding about the economiccompensation terms in the "judicial interpretation (four)" and that financialcompensation may be paid during labor but to clear that out.The fourth chapter is a legal remedy for breach of non-competition obligations.On the program clear the proceedings and introduced a ban system; On the entity, forviolation of non-compete agreement of employer, employee shall bear the liability ofthe analysis and the situation that new employer shall be jointly and severally liable.