The Research Of Employees’ Duty Of Loyalty

In labor relations,workers to provide labor and employers pay as the main obligations,in addition,the parties also exist between the rights and obligations of other large and small,although there are messy,but these obligations on the whole is permeated with the employee of the employer bears the duty of loyalty."The most basic logic,the basic context and the rights and obligations is the core content of the legal relationship of labor.The studies on the existing employee loyalty duty,concept,connotation,nature and so there is no unified understanding of the problem,our current law does not expressly stipulate the duty of loyalty clause,so research on the duty of loyalty has certain academic value and practical significance.This paper is divided into four parts:The first part is an overview,employee loyalty duty first,summed up the concept of employee loyalty duty from different concepts of domestic scholars on the definition of the duty of loyalty of workers,and the duty of loyalty of the employee is confined to labor law including ordinary workers and senior management personnel,senior technical staff on;secondly,the nature of workers on duty of loyalty are discussed and analyzed,the nature of employee loyalty duty includes multiple factors of moral identity,and the implied terms of;again,take the "classification dichotomy" workers loyalty duty obligations as obligations and the obligation of omission;finally,the duty of loyalty the related concepts such as employee loyalty duty and the principle of honesty and credit,the board made a distinction between.The second part focuses on the legal system about the duty of loyalty of European countries,through the relevant legal system of Sweden,Britain,France and other three countries about the duty of loyalty,summed up in these countries can learn from the employee loyalty duty in terms of the employee loyalty duty: perfect content system,employee loyalty and obligation not to citizens the conflict between the freedom of speech,the dual labor relations under the duty of loyalty concurrence solution principle,limit the employer abuse of dismissal right.The third part summarizes the current situation of the legislation of the labor loyalty duty of our country and points out the existing problems.The current "labor law" and "labor contract law" provides only a part of the duty of loyalty,employee loyalty duty are not clear,did not form a complete system,the "labor law" provisions of the duty of loyalty--the basic content and the obligation to obey the confidentiality obligation,the "labor contract law" provisions of the basic duty of loyalty the contents of the duty of disclosure,confidentiality obligations and restrictions,the "interpretation of the Supreme People’s Court on Several Issues concerning the application of law of labor dispute cases(four)" stipulates further compensation restrictions on payments,compensation standard and limitation of non competition agreement and release more specific content.But on the whole,the subject of China’s current labor legislation is still not clear,employee loyalty duty employee loyalty duty behavior boundary is not clear,the legal consequences of violating the duty of loyalty of the laborers are general provisions and other issues.In the fourth part,the author puts forward some suggestions on the perfection of the duty of loyalty.According to China’s labor legislation problems and deficiencies in the basis of other country’s legal system of merit,proposed the hierarchical regulation of labors,duty of loyalty to make clear the duty of loyalty behavior scope boundary,detailed provisions of three aspects of the duty of loyalty of workers in violation of the legal consequences of such advice.