| Now China’s economy is undergoing a period of social transformation. As the market participants and their benefit appeals become more and more diversified, to protect corporate interests or the trade secret is as important as protecting laborers’ benefits. Non-competition is an important legal system which aims to balance rights and interests of market participants and to curb the disorderly competition among the countries. One of the main issues about it is the economic compensation in non-competition. The core problem of the economic compensation is the mode of payment. In recent years, with the diversified development of market economy, specialization of labor market needs and the frequent occurring of non-competition cases of labor disputes, it’s imperative to construct and perfect a suitable non-competition economic compensation system for China. The current Labor Contract Law in China which is about non-competition issues just simply provides for the deadline of non-competition and its monthly payment, but lack of the details about its concept, property, law application, rate of payment, liability for breach of contract, and the remedy approach. There are simple interpretative provisions about non-competition compensation originating from Article 6,8,9,10 of the judicial interpretation IV of Supreme Law. This thesis summarized the main contradiction focus of controversy in the labor arbitration and litigation practice on non-competition compensation cases through analyzing the non-competition compensation labor dispute cases of courts all over the country from years of 2012 to 2014. And then to sum up that perfecting the non-competition economic compensation law is necessary.There are three parts in this article.The first part is the foundation of this article to dissect the property and value of the non-competition economic compensation which is the crux to balance the conflicts of interests between employers and employees. First is to analyze the concept and characteristics of the non-competition economic compensation. According to the characters of non-competition, the economic compensation is the valuable consideration of that the employee fulfill the obligation agreed in advance to sacrifice their freedom of job choice. Next to illustrate the properties of non-competition economic compensation, to distinguish the difference between the economic compensation of terminating a labor contract and that of non-competition, and to clarify the characters of non-competition. And then parse the worth of non-competition economic compensation. The process of paying non-competition economic compensation reflects the justice, order and the value of legal and socio-economic efficiency. On the value judgment of non-competition economic compensation, the economic and social value of compensation, and its legal value of the mode of payment should be judged conscientiously.The second part is an empirical study of non-competition economic compensation. First of all is to analyze the present situation of legislation interpretation and payment mode of the non-competition economic compensation. Secondly is to analyze the efficacy of non-competition agreement by practice. There are three perspectives about non-competition, including effective, ineffective and compromising. Thirdly is to analyze non-competition through judicial cases and result in making a summary sheet. And then is to make a conclusion of some problems of non-competition economic compensation systems.The third part is to perfect the system of non-competition economic compensation for solving the current problems. Firstly is to perfect the payment mode, and to establish a stereo type legislation system. Secondly is to improve the law application categories. Thirdly is to perfect the payment standard of non-competition economic compensation. The last is to set up an effective mechanism for evaluating credit information management between enterprise and workers. |
PDF Full Text Request