The Analysis Of The "Recruit Talents From Other Corporations " Behavior In Anti-unfair Competition Law

With the development of market economy, fair competition, the idea of their own jobs more deeply in people's minds, and labor mobility in the market is more and more frequently, thus leading to the "head-hunting", “recruit talents from other corporations " behavior become frequent. In most cases, this behavior is the result of poaching independent choice of a market economy and legitimate competition. However, in practice, the employer subjective vicious different in the "poaching" in the process, as well as whether employees bear the non-compete obligation and other factors, resulting in a different case, the Court whether their actions are legitimate competition have different views.Based on the employer malicious “recruit talents from other corporations” behavior of the legitimacy of analysis, it should apply "Anti-Unfair Competition Law", and in accordance with the general terms "Anti-Unfair Competition Law" applicable requirement. However, by the above analysis also see the presence of many new acts of unfair competition provisions of deficiency of "Anti-Unfair Competition Law", applicable general terms without guiding norms and other defects. Proposal on the "Anti-Unfair Competition Law" will be revised to the rules of the employer in the form of malicious "poaching" behavior to make norms, but also further improve the "Anti-Unfair Competition Law" in general terms applicable conditions.