Non-compete System Of Economic Compensation In Labor Law

Non-compete system of economic compensation is for the employees because they have the duty of non-compete.When the employees leaves their jobs,the original employer required them to protect trade secrets and limit the rights of free choice of work,the employees shall not engage in the jobs which are competitive with the original ones.It harms the workers and do good to the employers.So the employees can ask for the appropriate economic compensation which is a manifestation of the principle of fairness.It is also a good way to adjust the contradiction among society and workers and employers.The development of non-compete system starts in western countries.But the western countries also experienced a change in understanding.In the start,they refused the system.But when time flies,the system developed and improved.The first time the law explicitly recognized the non-competition economic compensation system is the Labor Contract Law in 2008.It is a great breakthrough.But the Article 23 is too shabby.So the understandings of provinces and cities varies widely.It is not conducive to the interests of protecting the employees.Fortunately,Supreme People's Court on the trial of labor dispute case law applicable to questions(4)had made the law more clear.It indicates that the determination of protecting the interests of workers in the judicial level.But from the sixth article to the ninth article in the"judicial interpretation(4)" can not adjust the complicated social life.It has many deficiencies and needs comprehensive supplements.Therefore,the study of non-competition economic compensation system still has great significance.Basing on these,this paper take comparative analysis,historical analysis and so on to conduct my own advise to the shortcomings of the system through the historical development of the non-compete system of economic compensation and the existing legislation and the comparison of Chinese and Western content on the non-competition economic compensation system.This article consists of four major parts:the first part introduces the concept?nature and characteristics of non-competition economic compensation system and the relevant provisions of the beginning and development of the system in our laws,regulations and judicial interpretation.By analyzing the content of the basic concepts,we can understand the non-competition economic compensation system better.Through the description of the relevant provisions,we can figure out that the law to the system is not perfect.The quantity of local regulations is very large and the content is also quite different.It is not conducive to the protection to the employees in today's larger labor situation.The second part describes the provision of foreign countries and Taiwan non-competition economic compensation system.At the same time this paper sum out the points that we can learn.Like establish a reasonable review system for employees and so on.The third describes the problems of the non-competition economic compensation system that exists.This part divides into four problems.This paper firstly discusses if non-competition agreement without economic compensation is valid and sets out several theoretical perspectives.Then,the geographical and business scope restrictions can easily be limited too large because of protecting trade secrets.This is undoubtedly bad to employees.Then this paper argues that the subject of compensation is too broad resulting in the employees' future life have an impact which will harm the rights of employees.When it comes to the problems of the last,this paper thinks the ways of payment can be more available for employees,the help of employees and employers needs more laws.The forth part is the proposal to the third part.The validity of non-competition economic compensation,this paper agrees that no financial compensation for non-competition agreement should also be effective,but it needs to protect workers more and come out my own ideas.The job and area of non-competition,this paper argues,the geographical scope needs to know how large the scope of the employer,if the employees work in the region can produce a competitive threat to the original employer,thenshould be limited.New jobs depend on the industry if has competitive relationship with the former jobs,no competitive relationship should not be limited.For the subject of non-competition economic compensation system,it should limit the scope of knowing trade secrets.The phrase of "other personnel confidentiality obligations" should be refined.When it comes to the standard and ways of payment,this paper suggests divided according to the nature and level of the workers engaged in the industry.And if the financial compensation would significantly decreased the standard of living of workers,an agreement can be released or reach an new agreement.Payment this paper recommends a wide range of ways,like equity,bonds,personal training,housing subsidies and so on.Taking into account the inflation and make supplement according to the relevant economic data.The help of employees need the law enlarge the situation when the employers break the agreement.The employer proposes to reduce the penalty of employees.Also this paper wants to introduce of the system of prohibitions in common law.