The Research On Non-compete Agreement

Non-compete is the product of market economy development, the surviving a certain legitimacy foundation. On the one hand, to stimulate enterprise innovation and strengthening science and technology innovation achievements, restrict the flow of employees free to become the necessity of business secret protection unit of choose and employ persons; Calling for science and technology innovation talents, on the other hand, accelerated flow, laborers right to survival and development of security and need staff to regain the freedom of choosing a career. In balancing the rights and interests conflict, non-compete system played an important role, but the system is enduring, more exuberant vitality lies in legislation can carry on the reasonable and effective regulation. In view of this, all countries in the regulation of non-compete system both in a lot of, also sums up some experience, which will provide good way to improve the system of the domestic and perfect direction.According to the obligation to produce the different way, non-compete divided into conventional non-compete and statutory non-compete. The regulation of our country present legislation about the non-compete agreement, mainly referring to the laws, regulations, administrative regulations and local legislation, and the legislative level is low, making them unable to apply across the country. Although the "labor contract law"from the national legislation level of agreement between the non-compete clear rules, but because of regulations is relatively rough and principles, not on a nationwide non-compete contract effective regulation, in judicial practice, the feasibility and applicability is not strong. Combined with the labor dispute judicial interpretation (four) rules on the low economic compensation, is not conducive to laborer survival rights protection. Therefore, the domestic about non-compete system in legislative regulation and perfect is necessary, and more urgent.Non-compete system agreed upon in the this article first introduces the basic problems, from the aspects of laborer apply after termination as well as economic compensation and time, scope, the research in three aspects, aiming at the existing problems in domestic legislation, puts forward the part of the introduction of non-compete agreement invalid elements of system effectiveness and non-compete agreement perfecting Suggestions, in order to achieve the agreed non-compete system is reasonable and effective regulation, make the laborers’ right to work with unit of choose and employ persons business secret rights effectively, the reasonable balance.