Prohibition Of Competition Labor Law Perspective

Non-compete and trade secret protection system has always been associated with the legal concept of commercial secrets be regulated by non-compete laws and regulations, on the one hand to protect the employer to obtain technical results and operating a commercial secret, on the other hand non-compete fundamental right to life and the quality of life under the premise of the system is also protecting trade secrets maintenance workers. Statutory regime non-compete restrictions on executive populations, and most employers to use more workers in the form of non-compete agreement. Perspective non-compete labor law regime in the premise of protecting trade secrets and more emphasis on the protection of workers' basic rights, in the maintenance of the social and economic benefits but also pay attention to mainten of social fairness and justice, this article is to focus on protecting the interests of workers and maintenance point to explore the social and economic benefits. The first part of this paper, the basic concept and content non-compete and trade secret system elaborated by historical change non-compete system summarizes the importance of non-competition system, by examining the study of foreign institutional understanding non-compete covenants not to compete historical process and future trends, and finally in terms of trade secret protection and labor rights conflict through the pursuit of various value considerations introduced the principle of balance of interests. The second part of this paper, the status of non-competition system were cited, according to the characteristics of different legislation in common law and civil law, to give our country a lot of learning and reference non-compete legislation. In addition they agreed to our statutory and non-competition and non-competition status were to conduct a brief assessment lists. The third part of the basis of a two-part article on the front indicates the non-competition system flaws, from a macro perspective to guide our lack of principled non-compete, the existing legislation is not systematic, from the micro level, a pplicable covering the body is not comprehensive, the scope is not clearly defined, the lack of pro-relief system, in terms of accountability to ignore the role of the new employer, singl e way to resolve disputes and inefficient problems are solved. The fourth part of the problem raised by the third part of the feasibility of the recommendations made, and thus improve the non-compete system. The innovation of this paper is on the balance of trade secret protection and labor rights protection between for a more detailed comparison of argumentation,and as a perfect idea of prohibition legislation, the proposed introduction of the United States "can not solve the problem in terms of avoid disclosure principle " for China's non-competition law issues beforehand relief provides a new solution.